2002 (8) TMI 768

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..... the Respondent. [Order per : J.H. Joglekar, Member (T)]. This application is for waiver of pre-deposit of duty of Rs. 2,88,904.60 and penalty of equal amount. 2. The applicants commenced manufacture of excisable goods in 1994. They chose to pay the full rate of duty without benefit of any Notification. At that time Notification No. 1/93 Central Excise provided concessional rate of duty .....

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..... facturer shall have an option for not availing of the benefit of the exemption contained in 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 1, subject to the condition that such manufacturer shall pay duty at the rate applicable but for aforesaid exemption on all subsequent clearances of specified goods ma .....

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..... going through the language of the Notification we find that the cited provision does not permit an assessee to go out of the bounds of the Notification. Once he has chosen to avail the benefit thereof. But in a situation where at the commencement of the financial year the assessee does not qualifies for the benefit of the Notification but where at a later date he can avail the benefit, this exclus .....

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