https://www.taxtmi.com/caselaws?id=50836 A manufacturer that cleared goods without claiming Notification No. 1/93-C.E. during a financial year was treated as having opted out of the exemption under the notification's proviso. Once that option was exercised, duty became payable on subsequent clearances in the same year, and the exemption could not later be reclaimed for those clearances. The penalty, however, was set aside because it had been imposed without any prior proposal in the show cause notice. The result was that denial of the exemption was sustained, while deletion of the penalty was allowed. en-us Mon, 08 Oct 2001 00:00:00 +0530 Fri, 17 Sep 2010 16:08:56 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=50836 A manufacturer that cleared goods without claiming Notification No. 1/93-C.E. during a financial year was treated as having opted out of the exemption under the notification's proviso. Once that option was exercised, duty became payable on subsequent clearances in the same year, and the exemption could not later be reclaimed for those clearances. The penalty, however, was set aside because it had been imposed without any prior proposal in the show cause notice. The result was that denial of the exemption was sustained, while deletion of the penalty was allowed. Case-Laws Central Excise Mon, 08 Oct 2001 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=50836