9911796707
TMI Blog2017 (1) TMI 492X X X X Extracts X X X X X X X X Extracts X X X X ..... 003-2004 to 2005 2006 on the basis of total value of clearances made by the respondents during the said period adopting the figures from the balance sheet. The case of the Revenue is that as total clearance of the respondent during the said period i.e. in the previous year has exceeded more than Rs. 300 lakhs, therefore the respondent are not entitled to take the benefit of SSI exemption under notification No. 8/2003. In these set of facts, proceedings were initiated against the respondents and benefit of exemption notification was denied. On appeal before Commissioner (Appeals), after examining the issue in details learned Commissioner (Appeals) allowed the exemption. Aggrieved from the said order, Revenue is before us. 2. The Learned AR ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ms which are not prepared by the respondent. Most of the items are bought out items. The sale figures of these items have been shown in the balance sheet is of all the items; i.e. bought out and prepared in the kitchen and this figures have been taken by the Revenue to deny the benefit of exemption notification which is not correct. Moreover, the Revenue has not taken any pain to determine the value of food prepared and cake and pastries prepared by the respondent in their kitchen. As revenue has failed to quantify the correct figures of food and cake and pastries prepared by the respondent, in that circumstances, the benefit of exemption notification cannot be denied blindly. We do agree with the observations of learned Commissioner (Appea ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ntioned exercises has been conducted by the department for attributing the income from Food items to the value of clearances of excisable goods attracting Nil rate of duty and for calculating the value of clearances of all excisable goods in terms of Notification No.8/2003-CE dated 1.3.2003 for determining the SSI exemption for dutiable goods i.e. Cakes, pastries and cookies. I further find that the impugned show cause notice indicates that the income shown on account of Food shown in the Balance sheets has merely been assumed as value of clearances of manufactured excisable goods attracting Nil rate of duty without mentioning specific description and Tariff classification of such items in the show cause, therefore the show cause notice is ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
