2000 (7) TMI 411

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....r, Advocate, for the Respondent. [Order per : G.R. Sharma, Member (T)]. - The Revenue has filed this reference application stating that following questions of law arise out of the Tribunal's order :- "(1) Whether the Tribunal is correct in holding that it is the option of the assessee not to avail exemption under exemption notification but pay duty to avail modvat credit under Rule 5....

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....was no option whatsover available to the assessee if the final product was exempt. He, therefore submits that the points of law arise as indicated above and prays that the case may be referred to the Hon'ble Delhi High Court for their considered opinion. 3. Shri Y.K. Kumar, ld. Advocate submits that they were manufacturing goods which when used for agricultural purpose were exempt under No....

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.... which the reference application has arisen, the Tribunal held that "We have carefully considered the pleas advanced from both sides. We agree with the submission of the ld. Advocate that availment of an exemption notification is an option of the assessee. It cannot be imposed by the Revenue as has already been held in cases relied upon by the ld. Advocate. Consequently, we hold that the impugned ....