9911796707
TMI Blog2000 (4) TMI 273X X X X Extracts X X X X X X X X Extracts X X X X ..... ving up his plea based on the decision in the case of CCE, Baroda v. M/s. Cotspun Ltd. 1999 (113) E.L.T. 353 (S.C.). The learned Advocate then submitted that the Appellants manufacture S.S. Circle out of stainless steel flats; that they clear said circles on payment of duty at concesssional rate under Notification No. 1/93 and avail of Modvat credit of the duty paid on inputs under Rule 57A of the Central Excise Rules; that the waste is generated during the process of manufacture of circles which they clear on payment of full rate of duty @15% ad valorem; that as far as waste and scrap of steel is concerned, the Appellants had never opted for not availing the benefit of Notification No. 1/93 subsequently and duty on Waste Scrap was paid a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... . 4. We have considered the submissions of both the sides. The issue involved in the present appeal has been decided by the Tribunal in the case of Uttam Industries v. CCE, New Delhi vide Final Order No. 215/2000-B, dated 14-2-2000. The following clause was inserted in Notification No. 1/93 w.e.f. 1-4-1994 : Notwithstanding the exemption contained in paragraph 1 of this notification, a manufacturer shall have an option for not availing of the benefit of the exemption contained in the said paragraph and to pay duty of excise at the rate applicable to the specified goods but for the exemption contained in the said paragraph, subject to the condition that such manufacturer shall pay duty at the rate applicable but for aforesaid exemption ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of these facts and circumstances Tribunal allowed then the benefit of Notification No. 1/93 observingthat "there is nothing to show that the notification was to be availed of from the first day of financial year." In the present case Appellants had opted for non-availing the exemption and as such they, later on cannot change the option in view of clear prohibition contained in the notification in this regard. 6. In the present matter, the Appellants have opted not to availl of exemption provided in Notification No. 1/93 in respect of waste and scrap and following the ratio of the decision in Uttam Industries, we hold that they have to pay duty on S.S. Circles also. Accordingly the appeal filed by them is rejected. - - TaxTMI - TMITax ..... X X X X Extracts X X X X X X X X Extracts X X X X
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