2001 (11) TMI 525

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....ant. Shri D.K. Bhowmik, JDR, for the Respondent. [Order per : Archana Wadhwa, Member (J)]. - After dispensing with the condition of pre-deposit of duty amount and penalty, we take up the appeal itself with the consent of both the sides as the issue lies in a narrow compass. 2. The benefit of Notfn. No. 9/99-C.E., dated 28-2-99 has been disallowed to the appellants for the period 1....

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....s the ld. advocate that a separate declaration was also filed on 1-4-99, which was received by the authorities on 1-7-99 on account of postal delays. 3. Shri Bhowmik opposes the prayer by submitting that as per the provisions of the notification in question, filing of a separate declaration intimating the Revenue about the assessees' option for availing the benefit of the said notification....

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....first clearances of specified goods and such option shall be effective from the date of exercise of the option which shall not be withdrawn during the remaining part of the financial year." A reading of the above condition show that the Revenue is required to be put on notice as regards the availment of the said notification. There is no format prescribed for intimating the Revenue about this o....