TMI Blog1999 (7) TMI 276X X X X Extracts X X X X X X X X Extracts X X X X ..... d by the Revenue, the Order-in-Appeal dated 8-6-1992 passed by the Collector of Central Excise, Pune, is under challenge. The issue for consideration is, whether an assessee who was clearing central excise goods classifiable under two headings/sub-headings could avail of the benefit of small scale exemption upto aggregate value of clearances of Rs. 30 lakh when in respect of one type of goods the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ich fall short from Rs. 30 lakh after deducting the clearances of Rs. 29,39,568/- under Chapter 84. The Collector of Central Excise (Appeals), Pune, took a view that upto the aggregate clearances of Rs. 30 lakh, the manufacturer could avail duty free clearances of Rs. 15 lakh under one or the other Chapter. 2. When the matter was called, no one appeared for the respondents. The respondents have ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... puting the value of first clearances, the clearances under payment of duty were not to be taken into account. The Tribunal had observed that small scale unit manufacturing light fittings both under their own brand name and the brand name of unentitled manufacturer when the latter were cleared on payment of duty were not to be taken into account while computing the value of first clearances for fu ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... , and the value of the first clearances of all other excisable specified goods not having exceeded Rs. 30 lakh, the other goods would continue to enjoy the exemption till the aggregate ceiling of Rs. 30 lakhs exemption for first clearances is reached. The Civil Appeal filed by the Revenue against this decision had been dismissed by the Supreme Court under their order dated 15-4-1996 in Civil Ap ..... X X X X Extracts X X X X X X X X Extracts X X X X
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