TMI Blog2011 (1) TMI 510X X X X Extracts X X X X X X X X Extracts X X X X ..... dvat credit of the same and after removal of the defects in those goods, same were cleared on payment of duty - Hence the clearances of the rectified goods is not includable in the clearances made by the appellants during the impugned period and after the said clearance are excluded from the total clearances, then the appellants will fall within the limits - Held that:- if any goods have been rece ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... been made against the appellants that they have crossed the aggregate value of clearance of Rs. 50 lakhs at Invoice No. 70, dated 22-7-1998 of Unit No. 2. The appellants instead of paying out at the rate of 80% of the nominal rate of duty have paid 60% of the nominal rate of duty till 29-7-1998. Accordingly show-cause notice was issued to recover differential duty on clearances affected by them du ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... f excise shall be payable on first clearance up to aggregate value not exceeding 50 lakhs for the financial year 1998-99, at the rate of 60% of the nominal rate of duty and on clearances up to aggregate value not exceeding 50 lakhs immediately following the clearance specified above during the financial year 1998-99, the rate is 80% of the nominal rate of duty. A clarification has also been given ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... , provided that clearances of specified goods, which are used as inputs chargeable to nil rate of duty or exempt from the whole of the duty of excise leviable thereon under any other Notification, shall not be deemed to be exempt; (d) clearances of strips of plastics used within the factory of production for weaving of fabrics or for manufacture of sacks or bags made of polymers of ethylene ..... X X X X Extracts X X X X X X X X Extracts X X X X
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