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1993 (3) TMI 272

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..... : G.P. Agarwal, Member (J)]. The only issue involved in the present appeal is as to how the special excise duty is to be calculated under Section 50(1) of the Finance Act, 1982 that is to say whether a Special Excise Duty is to be determined first and proforma credit/ set-off is to be availed later or vice versa. 2. Appearing on behalf of the appellants Shri Ravinder Narain, learned couns .....

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..... of basic excise duty after giving effect to the exemption notification, for the time being in force. So this is the amount so chargeable . He also submitted that the same view was taken by this Tribunal in the case of Indian Plywood Manufacturing Co. Ltd. v. Collector of Central Excise, Bangalore, 1983 (13) E.L.T. 1243. On the strength of this interpretation, he submitted that the impugned order .....

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..... Government issued a notification No. 201/79-C.E., dated 4-6-79 as amended, and No. 95/79-C.E., dated 1-3-79 as amended, granting exemption to the products manufactured by the appellants to the extent of duty paid on inputs. It was the contention of the appellants that the basic excise duty chargeable in respect of any goods is to be first determined and in doing so effect is to be given to any no .....

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