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    <title>2024 (2) TMI 430 - CESTAT KOLKATA</title>
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    <description>An option-based SSI exemption under Notification No. 9/2000 was construed as applying only to clearances where the concession was actually claimed. Once the assessee exercised the option during the financial year, it could not be withdrawn, but clearances made on payment of normal duty without availing the notification were excluded from computation of the first clearance value limit of Rs. 100 lakhs. On that basis, such full-duty clearances did not exhaust the exempted turnover threshold, and the resulting duty demand and consequential penalty were unsustainable.</description>
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      <description>An option-based SSI exemption under Notification No. 9/2000 was construed as applying only to clearances where the concession was actually claimed. Once the assessee exercised the option during the financial year, it could not be withdrawn, but clearances made on payment of normal duty without availing the notification were excluded from computation of the first clearance value limit of Rs. 100 lakhs. On that basis, such full-duty clearances did not exhaust the exempted turnover threshold, and the resulting duty demand and consequential penalty were unsustainable.</description>
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