TMI Blog1997 (7) TMI 274X X X X Extracts X X X X X X X X Extracts X X X X ..... ekar, Member (T)]. The assessees were manufacturing Sobitol Solution. At different times they claimed the benefit of Notification Nos. 234/86, dated 3-4-1986 and 31/88-C.E., dated 1-3-1988. In the belief that both the notifications required production of end-use certificate, nine show cause notices were issued in case where clearances were effected under the notification but where the end-us ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... hat as long as the Drug Controller certifies that the claimed goods are bulk drugs as per the explanation to the notification and that they are normally used for the purposes stated in the notification, the benefit of the notification was available. In support of this, he has cited the judgment of the Tribunal in the case of CCE, Vadodara v. Lyphin Chemicals reported at 1996 (88) E.L.T. 147. He al ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... specifications given in the Order. To this extent the Collector is wrong in holding that for clearances under this notification, the end-use certificate is a must. 5. We have also examined Notification No. 234/86. The proviso reads as under :- Provided that the manufacturer furnishes to the proper officer, a certificate from Drugs Controller to the Government of India, within such period as ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... to state that the third condition should not be read so as to mean that the goods are physically used as such or an ingredient in any formulation. We are unable to see any merit in this claim. If this were the case, the second condition and the third condition would have the same meaning and there would be little point in specifying them as separate conditions in the same notification. Plainly re ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... hether the notification required production of end-use certificate or not. This judgment is also of no consequence to the issue before us. 8. In the result, we uphold the belief of the Collector that end-use certificates are required for availing of the benefit of Notification No. 234/86. We, however, make it clear that such certificates are not required in case of Notification No. 31/88. The ap ..... X X X X Extracts X X X X X X X X Extracts X X X X
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