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2021 (8) TMI 1146 - AT - Central ExciseValuation - SSI Exemption - inclusion of value of goods destroyed in flood in the aggregate value of clearance or not - HELD THAT:- N/N. 08/2003 in para 2(vii) and para 3 clearly indicate that “aggregate value of clearance” for home consumption by a manufacturer is to be taken into account and admittedly para 3 has categorised 3 exclusions wherein damage by fire is not found mention. However, going by the strict literal interpretation of para 3 and 2(vii), it is crystal clear that only “clearances for home consumption” is to be taken into account and goods destroyed by fire were not clear for home consumption on any point of time but was directed by the insurance company to be destroyed as were unfit for consumption as revealed from the insurance settlement letter at page 30 of the appeal memo. The value of such damaged goods, which were never cleared for home consumption, cannot be added to the total turnover - appeal allowed.
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