9911796707
TMI Blog2003 (6) TMI 67X X X X Extracts X X X X X X X X Extracts X X X X ..... of Para 2(i) appearing in the small scale exemption Notification No. 9/99-C.E., dated 28-2-1999. The appellants admittedly availed of the benefit of the said Notification up to 17-8-1999 during the financial year 1999-2000 and thereafter, opted out of the said notification. They claim that after opting out of the exemption notification, they are only required to pay the full rate of duty thereafte ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... der this notification before effecting the first clearances of specified goods and such option shall be effective from the date of exercise of the option which shall not be withdrawn during the remaining part of the financial year." 3. It is clear from the wording of the aforesaid condition that once having opted for the exemption, a manufacturer cannot withdraw from the same during the remainin ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ither avail of such exemption for the entire year or to pay the normal duty and avail Modvat credit on the input duty. He points out that if a manufacturer is allowed to avail of clearance based exemption notification for some period of a financial year and then opt out of the same and utilize accummulated input duty credit, this will result in undue benefit to a manufacturer and cause aberration ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... appellants to approach the original authorities with a request to allow them to continue under the exemption notification beyond 17-8-1999 till the end of the financial year and if such a request is made, the original authorities should sympathetically consider the same notwithstanding the fact that the appellants had earlier withdrawn from the scheme. 8. Appeal is dismissed in the above terms. ..... X X X X Extracts X X X X X X X X Extracts X X X X
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