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S.KALYANAM
Maduranthagam Co-Op Sugar Mills – Appellant
Versus
Collector of Central Excise, Madras – Respondent


Advocates Appeared:
Narasimahan,J.M.K. Sekhar

ORDER

S. Kalyanam, Member (J)

1. This appeal is directed against the order of the Collector of Central Excise (Appeals), Madras dated 24-10-84 confirming the order of the Assistant Collector of Central Excise, Madras dated 7-6-84. Maduranthagam Co-op. Sugar Mills is the appellant and the issue that arises for determination is with reference to the duty payable and paid by the appellant in respect of the clearances of sugar effected during the period from 1-3-1983 to 26-4-1983. Originally, Notification No. 99/81-CE dated 3-4-1981 was in operation in respect of the basic excise duty and additional excise duty payable on levy and free sale sugar. This notification was later amended by Notification Nos. 28 and 29/CE of 1983 dated 1-3-1983 under which the rate of basic excise duty and additional excise duty payable on the clearances of levy sugar was fixed at Rs. 19/- per quintal. It should be noted, in this context that the said two notifications, namely 28 and 29 of 1983 dated 1-3-1983 dealt only with the basic excise duty and additional excise duty on clearances of levy sugar and did not deal at all with the clearance of free sale sugar. In respect of the free sale sugar, the original

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