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TMI Blog2001 (10) TMI 154X X X X Extracts X X X X X X X X Extracts X X X X ..... bhat Forgings Works, is whether the exemption under Notification No. 1/93-C.E., dated 28-2-93 is available in respect of the goods manufactured and cleared by them. 2. Shri Naveen Mullick, learned Advocate submitted that the Appellants manufacture rough forged blanks of non alloy steel and metal rolls; that as they were not aware that Metal rolls falling under Chapter 84 of the Schedule to the C ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... f Notification No. 1/93 was filed by them; that Notification requires placing on record by an assessee specifically about non-availment of the benefit of exemption in writing; that as they had not placed their option in writing, the embargo contained in the Notification will not apply. He also mentioned that in the show cause notice dated 10-1-1996 their product has been wrongly classified under 8 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... on. Reliance was placed on the decision in the case of Uttam Industries v. C.C. E., New Delhi - 2001 (130) E.L.T. 948 (T) = 2000 (37) RLT 838. 4. We have considered the submission of both sides. As the issue regarding classification of the impugned product was not taken up by the Appellants before both the lower authorities, the same cannot be raised for the first time before us. Proviso to Para ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the rate applicable on all subsequent clearances of specified goods made after availing such option in a financial year. The Appellants admittedly had cleared the specified goods without availing of the benefit of the exemption contained in the Notification during the Financial Year 1996-97. The learned SDR has rightly contended that the Appellants had thus exercised their option of not availing o ..... X X X X Extracts X X X X X X X X Extracts X X X X
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