https://www.taxtmi.com/caselaws?id=380927 Mere payment of duty on some initial clearances does not by itself amount to a binding election to forgo small scale industry exemption for the rest of the financial year. Under paragraph 2(i) of Notification No. 08/2003-CE, withdrawal from the exemption is relevant only where the manufacturer has chosen not to avail it and to pay duty at the normal rate for the full year. In the absence of prior intimation opting out of the notification, the earlier duty-paid clearances did not forfeit the benefit for subsequent clearances. The duty demand, interest and penalties were therefore set aside, with consequential relief. en-us Wed, 20 Mar 2019 00:00:00 +0530 Sat, 01 Jun 2019 07:53:12 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=380927 Mere payment of duty on some initial clearances does not by itself amount to a binding election to forgo small scale industry exemption for the rest of the financial year. Under paragraph 2(i) of Notification No. 08/2003-CE, withdrawal from the exemption is relevant only where the manufacturer has chosen not to avail it and to pay duty at the normal rate for the full year. In the absence of prior intimation opting out of the notification, the earlier duty-paid clearances did not forfeit the benefit for subsequent clearances. The duty demand, interest and penalties were therefore set aside, with consequential relief. Case-Laws Central Excise Wed, 20 Mar 2019 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=380927