2005 (10) TMI 156

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....ods on payment of duty at the applicable tariff rates since the products manufactured by the assessee on behalf of such licencee were being cleared on payment of duty at tariff rate. Their values were not reckoned and considered for determining the aggregate value of clearances made during, preceding financial year. In view of para 3 of notification No. 9/2002 and Clause (b) of para 3(A) of notification 9/2003. The Revenue authorities objected to this and issued the notice demanding duty and penalty on the grounds. (a)     that the appellant have been manufacturing P&P Medicines on their own and availing the benefit of Notification No. 9/2003-C.E., dated 1-3-2003 as amended in respect thereof. (b)   ....

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....oan licensee were required to be taken into consideration as has been made clear by the Hon'ble High Court of Madras in the case of Dukes Pharma v. GOI - 1994 E.L.T. 433 and in view of the instructions contained vide para 3.2 of chapter 2 part I of Central Excise Manual of Supplementary instructions. (g)     That on verification of ER-I returns submitted by the appellant for the financial year April 2002 to March 2003: it was noticed that their aggregate value of clearances of all excisable goods i.e. goods manufactured on their own and on behalf of the loan licensees exceeded Rs. 3.00 crores during the financial year 2002-2003 rendering them ineligible for the benefit of concessional rate of duty under Notification N....