( 1 ) THE question involved in these appeals is whether waste, parings and scrap (WPS) arising in the course of manufacture of polyurethane foam blocks were entitled to the benefit of Exemption Notification No. 53/88 or 54/88 for the period in question. It is the contention of the appellant that wps of polyurethane foam were covered by Notification No. 54/88 and not no. 53/88. The submission is that WPS of flexible polyurethane foam (PUF) had been specifically excluded from Notification No. 53/88 (Serial No. 42) and has been dealt with expressly in Exemption Notification No. 54/88.

( 2 ) THE Tribunal was of the opinion that both the exemption notifications applied to WPS of PUF and that since a greater benefit was conferred on the assessee by Notification No. 53/88, the Revenue was bound to grant such greater benefit to it.

( 3 ) THE appellant has submitted that the Tribunal has erred in holding that the notifications overlapped. Detailed arguments were addressed to us on this basis and there appears to be substance in the submission of the appellant on this point. However, learned counsel appearing on behalf of two of the assessees, namely, Durafoam and U. Foam, has submitted that