V.S. Rama Devi, Member (J)

1. This is a revision application addressed to the Central Government (now transferred to the Appellate Tribunal under Section 35P) against the order-in-appeal No. 478-B of 1979 issued under F.No. 194/63/76-CX. V(A) dated 6-11-1979 passed by the Central Board of Excise Customs, New Delhi.

2. In this case, the appellants declared their goods Phenolic resins as falling under tariff item No. 15A1(i) of the Central Excise Tariff and claimed assessment at the concessional rate of 18% ad valorem in terms of notification No. 122/71 dated 1-6-1971, as amended.

3. Shri Mookherjee, on behalf of the appellants, straightway drew our attention to the aforesaid notification and stated that explanation (iii) of that notification entitles the appellants for the concessional rate of duty. For ready reference, he has quoted the relevant portions of the said notification as follows :

"...the Central Government hereby exempts artificial or synthetic resins specified in column (2) of the Table below, falling under item No. 15A of the First Schedule to the Central Excises Salt Act, 1944 (1 of 1944) from so much of the duty of excise leviable thereon as is in excess of the