https://www.taxtmi.com/caselaws?id=112103 Exemption under Notification No. 38/97 could not be denied solely because a separate letter of option was not filed, where the assessee had already declared its intention in the classification list under Rule 173B. The declaration contained the necessary particulars and satisfied the requirement of exercising the option in writing. As the notification did not prescribe any special format for the option and did not require a separate declaration in the proforma contemplated under Rule 233, the omission of a standalone letter was treated as a procedural lapse. On that basis, denial of the exemption was held to be unsustainable. en-us Thu, 20 May 2004 00:00:00 +0530 Thu, 26 Apr 2012 16:13:13 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=112103 Exemption under Notification No. 38/97 could not be denied solely because a separate letter of option was not filed, where the assessee had already declared its intention in the classification list under Rule 173B. The declaration contained the necessary particulars and satisfied the requirement of exercising the option in writing. As the notification did not prescribe any special format for the option and did not require a separate declaration in the proforma contemplated under Rule 233, the omission of a standalone letter was treated as a procedural lapse. On that basis, denial of the exemption was held to be unsustainable. Case-Laws Central Excise Thu, 20 May 2004 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=112103