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2017 (8) TMI 546 - AT - Central ExciseValue Based Exemption - intermediate product - N/N. 5/98-CE dated 02.06.98 and N/N. 5/99-CE dated 28.02.99 - The Department was of the view that since the final products were cleared availing full exemption, the plastic sheets emerging as intermediate goods were subject to duty liability @ 24% - Held that: - The plastic sheets (39.20) are specified as finished goods under N/N. 16/97, which grants exemption to such goods to a value of clearance of ₹ 50 Lakhs for home consumption - In the present case, the appellants are not liable to pay duty on the plastic sheets since, they are eligible for exemption even though they are also availing the benefit of value based exemption of SSI unit - Even as per the SCN, the value of clearances of plastic sheets for the disputed period on which duty is demanded is less than ₹ 50 Lakhs. There is no ground for denying the benefit of exemption on plastic sheets under N/N. 16/97 - appeal allowed - decided in favor of appellant.
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