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TMI Blog2001 (12) TMI 358X X X X Extracts X X X X X X X X Extracts X X X X ..... K. Agrawal, Member (T)]. The issue involved in this appeal filed by M/s. Bentex Linger Switch Gear Co. is whether the benefit of Notification No. 16/97-C.E., dated 1-4-97 is available to the goods manufactured by them. 2. Shri K.K. Anand, ld. Advocate, submitted that the appellants were availing SSI Exemption under Notification No. 16/97-C.E., dated 1-4-97 in respect of excisable goods man ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d of Central Excise duty and imposed penalty on the ground that they had not complied with the conditions specified in the said Notification; that condition No. 2 of the Notification provided that for opting out of the Notification, the option should have been exercised on or before 1-5-97 and they could not avail Modvat credit before reaching the clearance value of Rs. One crore; that their appea ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... . Countering the arguments Shri M.P. Singh, ld. DR, submitted that as per condition (2) (iii) of the Notification No. 16/97, a manufacturer was debarred from availing of Modvat credit under Rule 57A, until the value of the clearances for home consumption does not exceed Rs. One crore; that as the appellants had started availing of Modvat credit with effect from 23-9-97, they have violated the cond ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nt that they were going to deposit duty at tariff rate under protest till the final decision on the appeal filed by them against Commissioner s order is taken. It is evident that it is not the case where the appellants on their own had opted out of the Notification No. 16/97 but they had been forced to pay the duty at full rate instead of paying the duty under the Notification on account of adjudi ..... X X X X Extracts X X X X X X X X Extracts X X X X
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