Ruma Pal, J. - (1.) The dispute involved in this application revolves around the interpretation of the phrase "specified goods" in Notification No. 198/76 dated June 16,1976.
(2.) The facts of the case are undisputed. The Petitioner No. 1 has been manufacturing Wire ropes since 1962. With effect from 1-4-1973 Wire rope was included for the first time as Tariff Item No. 63 in the first Schedule to the Central Excises & Salt Act, 1944 (hereinafter referred to as the said Act) by the Finance Act, 1973.
(3.) By Notification No. 198/76 dated June 16, 1976, certain exemptions in the payment of Excise duty were granted in respect of 43 excisable goods. Wire rope was included as one of the 43 excisable goods. The exemption was granted in respect of excisable goods cleared in excess of the base clearance by or on behalf of a manufacturer. Paragraph 12(2) of the said Notification, in so far it is relevant provides as follows: (2) After comparing the clearance of specified goods under sub-paragraph (1) the base period and base clearances, in relation to a factory, shall be determined as under: (b) Where the specified goods were cleared from a factory for the first time on or after the 1st day of April, 1973 but not later than the 31st day of March, 1976 the base period shall be the three financial years, i e., 1973-74,1974-75 and 1975-76 and the base clearances shall be one-third of the aggregate of the clearances of such goods during such base period; (c) Where the specified goods were cleared from the factory for the first time earlier than the first day of April, 1973 the base period shall be the year in which the aggregate of the clearances of such goods during any of the financial years 1973-74, 1974-75 and 1975-76 was the highest and the clearances during such base period shall be the base clearances.;