https://www.taxtmi.com/caselaws?id=110060 A manufacturer that exercised the option under Notification No. 9/2000-C.E. and later withdrew it during the financial year was not retrospectively liable to pay central excise duty at the tariff rate for the earlier exempt period. The notification required the option to be exercised in writing before the first clearances and barred withdrawal for the rest of the financial year, but it did not expressly impose tariff-rate liability for past clearances if the option was withdrawn later. The demand for duty at the tariff rate for the period before withdrawal was therefore unsustainable, and the penalty also could not survive. en-us Thu, 30 Oct 2003 00:00:00 +0530 Fri, 13 Apr 2012 16:10:03 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=110060 A manufacturer that exercised the option under Notification No. 9/2000-C.E. and later withdrew it during the financial year was not retrospectively liable to pay central excise duty at the tariff rate for the earlier exempt period. The notification required the option to be exercised in writing before the first clearances and barred withdrawal for the rest of the financial year, but it did not expressly impose tariff-rate liability for past clearances if the option was withdrawn later. The demand for duty at the tariff rate for the period before withdrawal was therefore unsustainable, and the penalty also could not survive. Case-Laws Central Excise Thu, 30 Oct 2003 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=110060