9911796707
TMI Blog2000 (2) TMI 498X X X X Extracts X X X X X X X X Extracts X X X X ..... mitted that the Appellants manufacture aluminium aluminium alloys plates, sheets, circles, etc., falling under Chapter 76 of the Central Excise Tariff Act; that aluminium utensils were exempt from payment of duty under notification No. 180/88-C.E., dated 13-5-1988; that aluminium circles were also exempted from payment of duty if used captively in the manufacture of utensils; that duty @ 20% ad valorem was payable if sold for home consumption, Notification 180/88 was amended by Notification No. 135/94-C.E., dated 27-10-1994 and duty @ Rs. 2000 Ton became chargeable on aluminium circles intended for used in the manufacture of utensils provided no credit of duty paid on inputs had been taken under Rule 57A/57Q of the Central Excise Rules; t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s v C.C.E., New Delhi, 1999 (105) E.L.T. 132 (T). The learned Advocate finally submitted that in any case the duty will be payable @ Rs. 2000/- PMT under Notification No. 180/88 as amended and not @ 15%. 3. Countering the arguments, Shri R.K. Sharma, learned S.D.R., submitted that both the decision in the case of Watts Electronics and Reva Auto Industries relied upon by the learned Advocate for the Appellants, were passed while interpreting Notification No. 175/86 which did not contain any provision similar to proviso to Paragraph 4 of Notification No. 1/93; that paragraph 4 clearly bars the assessee to change has option in a financial year and as they had opted for payment of duty, they cannot claim the exemption under the Notification f ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... such date of option falls. It is not controverted by the Appellants that in classification list effective from 1-4-1995 and declaration effective from 1-5-1995, filed by them, they had opted not to claim the benefit of duty. In view of exercising their option, they cannot claim benefit of exemption contained in Notification for subsequent clearances. The decision in the case of Shree Cables Conductors, supra, is not applicable as the facts were different. In that matter, the eligibility criterion for availing exemption under Notification No. 1/93 was changed by issuing Notification No. 59/95, dated 16-3-1993. This notification increased the limit of value of clearances during the proceeding financial year from Rs. 200 lakhs to Rs. 300 la ..... X X X X Extracts X X X X X X X X Extracts X X X X
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