1988 (9) TMI 213

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....ral Order] E/Stay/595/88.  - Since the appeal itself lies in a short compass and is to be taken up today for disposal, the pre-deposit of the duly and penalty is dispensed with. 2. A. No. E/374/88. - This is an appeal against the order passed by the Additional Collector of Central Excise, Hyderabad, dated 20-4-1988 by which he had demanded duty of Rs. 35,497.67 under Rule 9(2) of the Ce....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

..... Proceedings were, therefore, instituted against the appellant for violation of the Central Excise Rules which resulted in the order of the Additional Collector against which the present appeal has been filed. 4. Shri Narayanan the learned Counsel appearing for the appellants submitted that in this case the issue involved is whether in law the appellants could have opted out of Modvat Scheme a....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....R. (17) 1988 (30-C). Therefore the duty demanded and the penalty imposed are bad in law. 5. Heard Shri K.K. Bhatia, the learned S.D.R. 6. The question whether a manufacturer having once exercised his option to operate under the Modvat Scheme would be legally in a position to opt out of it before the end of the financial year was considered and settled by this Bench of the Tribunal in the ord....