9911796707
TMI Blog2004 (2) TMI 220X X X X Extracts X X X X X X X X Extracts X X X X ..... l scale exemption notification, being unaware of the fact that the concessional rate of duty was not applicable to them in view of the new criteria mentioned in the Notification No. 1/93, dated 28-2-1993; that under this Notification, the benefit of the notification was applicable to SSI units differently as under : (i) to undertakings registered with the Director of Industries in any state or the Development Commissioner (Small Scale Industries) as a small scale industry ; and (ii) to a factory other than a factory which is specified in (i) above; that the appellants, unaware of the implication of the Notification, continued to work under Modvat Scheme paying duty at concessional rate on their final products, though the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ted the legal position in the impugned order that an assessee can opt out of Modvat Scheme by reversing the credit taken during the period and the credit in respect of raw-materials, semi-finished and finished goods lying in stock; that this has been complied with by them; that till approval of the classification list by the proper officer, all assessments are made on provisional basis and are finalised only after approval of the classification list; that the classification list, filed by them on 11-10-1993, was only assertion for opting out of Modvat Scheme which could be done in time during the course of the financial year. 3. Countering the arguments, Sh. Vikas Kumar, learned S.D.R., submitted that it is not disputed by the appellants ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Scale Industries), was enhanced to Rs. 30 lakh. The facts, which are not disputed, are that the appellants opted for the payment of duty under clause (1)(a)(i) of the Notification which provided for availment of Modvat credit and payment of duty at concessional rate. This classification list was not approved by the Department and a show cause notice was issued to them in September, 1993 on the ground that the benefit of Notification No. 1/93 is not admissible as they were not registered as small scale industry. A show cause notice, therefore, demanded the differential duty at the normal tariff rate instead of concessional rate of duty paid by them. It is the case of the appellants that when they came to know that they are not eligible for ..... X X X X Extracts X X X X X X X X Extracts X X X X
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