TMI Blog1999 (4) TMI 215X X X X Extracts X X X X X X X X Extracts X X X X ..... Notification No. 67/92 issued on 22-5-1992 added a third proviso to paragraph 4 declaring that nothing contained in the second proviso shall apply on and from 22nd May, 1992 to 31st March, 1993. Notice was issued to the assessee on the ground that the effect of these two notifications was to disqualify it from the benefit of the notification for the period from 1-4-1992 to 21-5-1992 and demanding duty accordingly payable on clearance during this period. The Assistant Collector accepted the contention of the assessee that these amendments did not have the effect disqualifying for the benefit of the notification and dropping the proceedings. The Department carried the matter in appeal to the Collector (Appeals). That authority found that no m ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... (b) of the first proviso shall apply in a case where a manufacturer who is manufacturing specified goods in a factory and is registered under the Industries (Development and Regulation) Act, 1951 (65 of 1951), with the Directorate General of Technical Development, and has availed of the exemption under this notification during the financial year 1986-87 and the aggregate value of clearances of all excisable goods during the financial years 1987-88 and 1988-89 did not exceed rupees one hundred and fifty lakhs. Notification 55/92 In the said notification, - (a) in paragraph 4, for the second proviso, the following proviso shall be substituted, namely:- Provided further that nothing contained in clause (b) of the first proviso shall a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... o a manufacturer, if the factory is not registered under the Industries (Development and Regulation) Act with the Directorate General of Technical Development and has been availing of the notification in the preceding financial year. (4) The benefit of the relaxation mentioned in para 4 above will not be available to a manufacturer registered under the Industries (Development and Regulation) Act with the Directorate General of Technical Development who has availed of the exemption during 1986-87 and aggregate value of whose clearances in 1987-88 and 1988-89 will exceed Rs.1.5 crores. (5) From 1-4-1992 onwards - The benefit specified in para 3 above will not be available where the manufacturer has availed of the exemption in terms of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 4. This proviso entitled the assessee to avail of the notification even if he was not registered as small scale industry if he had been availing of the benefit of the small scale notification issued to cover specific industries which were in existence prior to issue of notification on 1-3-1986. Clause (b) of the proviso was amended but shall with the condition of the registration of para 4 not apply to the manufacturer who had in the preceding financial year been availing of the benefit of Notification 175/86. This position continued till the proviso was again replaced to read as in paragraph 3 above. 6. This is the reason the Assistant Collector had given for not denying the benefit. He specifically recorded that the assessee continued t ..... X X X X Extracts X X X X X X X X Extracts X X X X
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