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2018 (1) TMI 249 - AT - Central ExciseWhether the appellant have exceeded the exemption limit of ₹ 15 lakhs in every financial year i.e. from 1995-96 to 1998-99 and whether they are eligible for exemption N/N. 75/87-CE dt.1.3.1987 on the clearances of heat exchangers which is a part of refrigeration and air conditioner machine? Held that: - From the reading of Explanation II in both the notifications it can be seen that in case of exemption based on value of such clearances shall taken together for the purpose of aggregate value therefore in case of both the notification the value of both the clearances will be added - in the year 1996-97 and 1997-98 the aggregate value has exceeded threshold limit of ₹ 15 lakhs. Therefore in these two years exemption N/N. 75/87-CE will not be available over and above threshold limit of ₹ 15 lakhs - the duty needs to be re-quantified. Matter remanded to the adjudicating authority only for re-quantification of demand.
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