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2016 (3) TMI 480 - AT - Central ExciseSSI Exemption - Value in the first clearance as computed in the first paragraph of Notification No. 08/2001 - Held that:- Clearance "upto" ₹ 1 crore beginning with 01/05/2001 in the remaining part of the financial year shall be exempted from excise duty. The use of word "upto" in the classification clearly points to the fact that it can be less than ₹ 1 crore. The said clarification also states that clearances of garments already effected upto 30/04/2001 shall be taken into account for computing "full or partially" exemption limit of ₹ 1 crore under Notification No. 08/2001-CE. In these circumstances, there is no doubt left as to how the first clearances are to be calculated. In the instant case the appellants took registration on 29/05/2001 and therefore, it is not possible for the revenue to know what was their clearance during the month of April 2001. The notification as amended was very clear and unambiguous. In the era of self assessment, it is the responsibility of the assessee to correctly determine the duty as per law. It is seen that the appellant failed to do so in this case. The appeal filed by the appellant is dismissed.
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