9911796707
TMI Blog1998 (7) TMI 335X X X X Extracts X X X X X X X X Extracts X X X X ..... -10-1997 passed by the Assistant Commissioner of Central Excise, Coimbatore-1 Division. The facts of the case are that the appellants are manufacturing Mixies and parts thereof. They paid the duty at the normal rate of 20% ad valorem, of their products upto 30-7-1996 and they filed declaration under Rule 173B for claiming the SSI Exemption under the Notification No. 1/93-C.E., dated 28-2-1993 and ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... had changed their option exercised previously. The first option after 1-4-1994 was only in July, 1996 and this could not be considered that the appellants had exercised the option only once on 30-7-1996. They further submitted that there was no restriction in para 4 of the said Notification that the appellants could exercise the option only once. There-fore, the concept of exercising option only o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r not availing of the benefit of the exemption contained in the said para and to pay duty of excise at the rate applicable to the specified goods but for the exemption contained in the said para 1, subject to the condition such manufacturer pay duty at the rate applicable but for the aforesaid exemption on all subsequent clearances of the specified goods made after availing such option in any Fina ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... alent to an amount calculated at the rate of 10% ad valorem; (ii) in any other case from the whole of the duty of excise leviable thereon. 4. It is evident from the above wordings of the Notification that the exemption is available under this Notification to the specified goods cleared for home consumption on or after the first day of April in any Financial Year. In other words, this Notificat ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the Financial Year, is not legally correct. If the appellant has fulfilled all the conditions of the said Notification, exemption is available to him under para 1 of the said Notification even though the appellants had exercised the option not to avail the benefit of this Notification at the beginning of the Financial Year by paying the normal rate of duty. The words on or after the first day of ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
