1999 (4) TMI 394

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....it of the exemption contained in 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 rate applicable but for aforesaid exemption on all subsequent clearances of specified goods made after availing such option, in a financial year in which such date of option falls. It is clear from the above, that the option for normal rate of duty or concessional rate of duty under Notfn. No. 1/93 can only be exercised once in a financial year. Accordingly the stand taken by the adjudicating authority denying the claim of the appellant is in line with the provisions of the Notification. Therefore....

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....ants were not aware of this notification earlier but when they came to know that this had been amended, they filed classification list on 19-5-1995 claiming the benefit of Notfn. No. 1/93. He submits that they had filed a classification list on 16-3-1995 in which they had claimed payment of duty under the normal rate. He submits that though the Notfn. No. 59/95 was issued on 16-3-1995. However, as they were not aware of this notification, therefore as soon as they became aware of the amending Notfn. No. 59/95, they filed a classification list claiming the benefit. He submits that similar issue came up before the Tribunal in the case of Watts Electronics (P) Limited [1994 (70) E.L.T. 127] wherein this Tribunal held that SSI exemption under N....