LAWS(CE)-1989-8-5

BALAJI FASTENERS Vs. COLLECTOR OF CENTRAL EXCISE

Decided On August 23, 1989

JUDGEMENT

(1.) THE learned Counsel stated that the appellant is engaged in the business of manufacture and sale of Steel Bolts and Nuts falling under Item No. 52 of the First Schedule to the Central Excises and Salt Act, 1944 duly authorised under Central Excise licence L4 No. 5/AIR-5/BNS/CAL-V/80.

(2.) The Government of India Notification No. 83/83-C.E., dated 1-3-1983 issued under Rule 8(1) of the Central Excise Rules, 1944 provided for full exemption of duty leviable on the excisable goods specified therein upto the value of Rs. 7.5 lakhs during the financial year 1983-84. The Bolts and Nuts falling under Item No. 52 of the Central Excise Tariff was specified in the notification. Accordingly, the benefit of exemption under Notification No. 83/83, dated 1-3-1983 was available to the manufacturers of bolts and nuts.

(3.) THE appellant in accordance with the provision of Rule 173B(1) filed a classification list effective from 1-4-1983. In the said list the appellant declared its products and claimed the exemption of duty under Notification No. 83/83, dated 1-3-1983 during the financial year ending 31-3-1984. THE proper Central Excise Officer after due verification of the declaration approved the list on 19-8-1983 without any modification.