2001 (8) TMI 225

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.... Member (T)]. - Special Board Mfg. Co., the appellant before us, was initially constituted as a partnership firm. For the period from 1st April to 30th November, 1992, it availed of the benefit of Notification 175/86. The partnership dissolved on 1st December, 1992 and its business was taken over by Indo Colchem Ltd. as a proprietor. It filed on this date a classification list claiming benefit of ....

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....l. Hence this appeal by the assessee. 2. The order of the Commissioner (Appeals) says, in effect, that there has been no change in the legal identity of the partnership firm because, he said, it continued to function in the same premises and to manufacture the same products. This proposition is clearly untenable. As a result of the dissolution of the partnership, the partnership firm ceased to ....

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.... rests upon the provisions of clause (v) of the proviso under the first paragraph of Notification 138/86. It says, "The exemption contained in this notification shall not apply to a manufacturer of paper or paperboards who avails of the exemption under Notification 175/86". This, according to us, means that it is not permissible for a manufacturer to avail both Notifications 175/86 and 138/86 simu....