2003 (10) TMI 440

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....l Baranwal, SDR, for the Respondent. [Order per V.K. Agrawal, Member (T)]. -  In these two appeals filed by M/s. Perfect Spring Pvt. Ltd. and M/s. Precision Engineering Works arising out if two orders-in-appeal, the common issue involved is whether they are liable to pay Central Excise duty at the tariff rate after withdrawing the option to pay the Central Excise duty under Notification No.....

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....their Appeal holding that the condition was binding on them and once they had opted for the Notification No. 9/2000, they cannot withdraw their option for the remaining part of the financial year. Once they have withdrawn they have fortified their right to claim the concessional rate of duty for the period 1-4-2000 to 30-6-2000 as the exemption was to be applicable only if they fulfil the conditio....

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....lable subject to the conditions specified in Para 2 of the notification; that first condition provides that once a manufacturer opts for the benefit of notification, it shall not be withdrawn for the remaining part of the financial year; that once they have violated this condition by opting out of benefit of Notification No. 9/2000, they are not eligible to avail of the concessional rate of duty d....