FORT WILLIAM CO LTD Vs. UNION OF INDIA

JUDGEMENT

(1.) The dispute involved in this application revolves around the interpretation of the phrase "specified goods" in Notification No. 198/76 dated June 16,1976.

(2.) The facts of the case are undisputed. The Petitioner No. 1 has been manufacturing Wire ropes since 1962. With effect from 1-4-1973 Wire rope was included for the first time as Tariff Item No. 63 in the first Schedule to the Central Excises & Salt Act, 1944 (hereinafter referred to as the said Act) by the Finance Act, 1973.

(3.) By Notification No. 198/76 dated June 16, 1976, certain exemptions in the payment of Excise duty were granted in respect of 43 excisable goods. Wire rope was included as one of the 43 excisable goods. The exemption was granted in respect of excisable goods cleared in excess of the base clearance by or on behalf of a manufacturer. Paragraph 12(2) of the said Notification, in so far it is relevant provides as follows: