TMI Blog2012 (11) TMI 148X X X X Extracts X X X X X X X X Extracts X X X X ..... ions specified thereunder whereas the plastic bags are fully exempt under Notification No. 4/97 subject to the condition that no credit of duty paid on the inputs is taken – Held that:- An amendment was made to the small scale exemption Notification on 3-12-97 introducing paragraph 5(f) which clarified that if the finished goods were exempt under any other notification (as in this case, the plasti ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... for making plastic bags. It is the case of the department that under the applicable Notification No. 16/97, lay flat tubings are entitled to small scale exemption subject to the conditions specified thereunder whereas the plastic bags are fully exempt under Notification No. 4/97 subject to the condition that no credit of duty paid on the inputs is taken. Under paragraph 3(c) of the small scale ex ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ings were required to be computed. 2. In view of Tribunal s decision in the case of Gothi Thermoforming Industries v. C.C.E. Chennai Pondicherry - 2007 (211) E.L.T. 97 holding that the amendment made to Notification No. 16/97 on 3-12-1997 will have prospective effect and cannot be applied retrospectively, only from the date of amendment i.e. 3-12-97 clearances of lay flat tubings captively con ..... X X X X Extracts X X X X X X X X Extracts X X X X
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