9911796707
TMI Blog1990 (1) TMI 222X X X X Extracts X X X X X X X X Extracts X X X X ..... he Collector of Central Excise (Appeals), Madras, dated 29-4-1988, holding that the demand raised by the Superintendent on finalisation of the RT.12 returns was hit by time-limit as the same was raised after 6 months after the payment of the duty. 2. The learned SDR for the Department pleaded that the question of timebar in the facts of the case would not arise inasmuch as the RT. 12 was finalis ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rom the finalisation of the assessment should have been deemed to have been raised within time. Adverting to the facts, he pleaded, that in this case the respondent in fact filed two classification lists 1/86-87 and 2/86-87. In the first classification list the respondent had requested for the approval for availing of the MODVAT credit but in the second classification list they had requested for t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... hs. The respondent on 1-4-1986 when the limit of exemption was fixed at Rs. 7.5 lakhs felt that they would be exceeding this limit and therefore, opted for the MODVAT concession but when this exemption was enhanced to Rs. 15 lakhs they expected that their production will exceed Rs. 7.5 lakhs but would not exceed Rs. 15 lakhs and since this Notification 175/86 was more beneficial to them they immed ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... onsideration is as to which of the two classification lists should be taken to be operative for the assessment. The learned SDR has pleaded that there was no mention in the second classification list as they were opting out of the MODVAT credit and, therefore, inasmuch as the approval had been granted for availing of the MODVAT credit the respondent had no choice but to make their clearances based ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... o the respondent opting out of the MODVAT concession and to opt for exemption Notification, which is more beneficial to them, so long as they pay the duty correctly in terms of the Notification. In the present case there is no averment from the Revenue that they had not paid the duty correctly in terms of Notification 175/86. In the above view of the matter, therefore, I hold that there is no meri ..... X X X X Extracts X X X X X X X X Extracts X X X X
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