https://www.taxtmi.com/caselaws?id=48978 A manufacturer that had notified the department of its intention to claim exemption under Notification No. 1/93-C.E. did not forfeit that benefit by paying duty on initial clearances at the start of the financial year while checking the prior year's turnover limit. The proviso to the notification applied only where an assessee had chosen not to avail the exemption, and temporary duty payment in a cautious, verification-based manner did not amount to an implied waiver or election to abandon the notification. The assessee therefore remained entitled to claim the exemption for the rest of the financial year, subject to the notification's conditions. en-us Tue, 02 Dec 2003 00:00:00 +0530 Mon, 01 Jul 2024 18:01:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=48978 A manufacturer that had notified the department of its intention to claim exemption under Notification No. 1/93-C.E. did not forfeit that benefit by paying duty on initial clearances at the start of the financial year while checking the prior year's turnover limit. The proviso to the notification applied only where an assessee had chosen not to avail the exemption, and temporary duty payment in a cautious, verification-based manner did not amount to an implied waiver or election to abandon the notification. The assessee therefore remained entitled to claim the exemption for the rest of the financial year, subject to the notification's conditions. Case-Laws Central Excise Tue, 02 Dec 2003 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=48978