TMI Blog1996 (3) TMI 262X X X X Extracts X X X X X X X X Extracts X X X X ..... so to Rule 57G(2) of the Central Excise Rules, 1944 and in supersession of Order F. No. 342/5/91-TRU, dated 7th July 1992, as amended, the Central Government hereby directs that the ingots and rerollable materials of iron or steel purchased from outside and lying in stock on or after the 1st day of April, 1994 with the rerollers, availing of the exemption under Notification No. 1/93-Central Excises, dated the 28th February, 1993 will be deemed to have paid duty, and the credit of duty under Rule 57A of the said Rules in respect of such ingots and rerollable materials used without undergoing the process of melting, in the manufacture of goods falling under Chapter 72 or 73 of the Schedule to the Central Excise Tariff Act, 1985 (5 of 1986), m ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... pellants. The short point for consideration is whether an S.S.I. manufacturer can be said to go outside the purview of Notification No. 1/93 once he crosses 75 lakhs turnover in a financial year. The Notification provides for free clearnace and concessional rates of duty for different slabs only upto the aggregate value of specified goods reaches 75 lakhs. Thereafter an S.S.I. manufacturer no doubt will have to pay the appropriate full rate of duty. But in my considered view merely on account of that fact he would not cease to be an S.S.I. unit, because the value in excess of 75 lakhs is also taken into account to determine his eligibility for the benefit of S.S.I. Notification for the next financial year. Further S.S.I. status is accorded ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... re availing of the benefit of Notification 1/93. To be eligible to the benefit of Notification 1/93 certain criteria as set out in the notification has to be satisfied. This criteria relate to aggregate value of clearances made in the past year and also whether the goods being manufactured are branded goods of another person or not and the exemption is granted based on certain slab rate, the value of clearances of specified goods by one or more manufacturers from a factory or by one manufacturer from one or more factories. Under Notification 1/93 this slab rate has been provided till clearance reached 75 lakhs and thereafter, at the normal rate of duty like by anybody not functioning under Notification 1/93 is required to be paid. Under Gov ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
