OPTHO REMEDIES (P.) LTD. Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard learned counsel for the parries.

(2.) M/s. Optho Remedies Pvt. Ltd. has filed this writ petition against an order passed by the Commissioner (Appeals) in proceedings under Section 35F of the Central Excise Act, 1944 (herein after referred to as the Act, 1944) in a pending Appeal under Section 35A of the Act, 1944.

(3.) Petitioner Company had challenged the order-in-original made by the Joint Commissioner of Central Excise, Allahabad dated 30-8-2010 by way of an Appeal under Section 35A of the Act, 1944. Along with the Appeal the petitioner Company also made an application for waiver of the disputed amount with reference to the provisions of Section 35F of the Act, 1944 termed as stay application. Along with the application, the petitioner in order to establish that they had a prima facie strong case relied upon the six judgments of the Tribunal for the proposition that the value of the goods manufactured on behalf of loan licensee are not to be added in computing the aggregate value of the goods manufactured by the Company. Therefore, it was contended that the finding recorded by the Additional Commissioner for coming to the conclusion that the benefit of SSI exemption was wrongly claimed by the petitioner after computing and adding the aggregate value of the clearance of the goods manufactured by the loan licensee is legally not justified.