1999 (8) TMI 374

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....h, for the Appellant. Shri Ravinder Babu, JDR, for the Respondents. [Order per : P.C. Jain, Vice President]. -  Relevant facts for disposal of this appeal are as follows :- 1.1 The appellants herein were manufacturing three products and were availing the benefit of exemption Notification No. 1/93 in 1994-95. For the subsequent year the appellants herein wanted to pay duty on ....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....s :- "Notwithstanding the exemption contained in paragraph 1 of this notification, a manufacturer shall have an option for not availing of the benefit of exemption contained in the said paragraph and to pay duty of excise at the rate applicable to the specified goods but for the exemption contained in the said paragraph 1, subject to the condition that such manufacturer shall pay duty at the ra....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....al was dismissed by the Apex Court as reported in 1996 (82) E.L.T. A149. There is, therefore, no doubt, that the appellants herein can claim the benefit of exemption Notification No. 1/93 in respect of two of their products and may not claim the benefit of Exemption Notification 1/93 in respect of the third product. 3. As regards the reliance placed by the authorities on the aforesaid clau....