Judgements

Patodia Polytex Ltd. And Anr. vs Cce on 7 June, 2001

Customs, Excise and Gold Tribunal – Mumbai
Patodia Polytex Ltd. And Anr. vs Cce on 7 June, 2001
Equivalent citations: 2001 (97) ECR 370 Tri Mumbai
Bench: S T Gowri, P Chacko


ORDER

Gowri Shankar, Member (T)

1. The question for consideration in these appeals is, whether in calculating the value of clearances made by the appellant for the purposes of Notification 1/93, it is the date on which the textured polyester yarn manufactured by the appellant was notified as being eligible for the benefit of the notification, or the date on which the appellant opted for the notification, that is to be reckoned.

2. This issue has been decided by the Madras Bench of the Tribunal in CCE, Coimbatore v. Sri Kumaran Spinners Pvt. Ltd. 1997 (73) ECR 894 holding that it is the clearances from the date on which the manufacturer opts for the exemption that should be reckoned.

3. We, therefore, allow these appeals and set aside the impugned order. Consequential relief according to law.