2005 (1) TMI 432

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....for the Appellant. Shri A.K. Saxena, JDR, for the Respondent. [Order per : Archana Wadhwa, Member (J)]. -  The appellants are engaged in the manufacture of Organic Compounds and Bulk Drugs. Both the products are classifiable under Chapter 29. The appellant is small-scale unit and filed a classification list effective from 1-4-1996. In the said classification list, they claimed the be....

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....ith the said option. In other words, once the assessee opts out of the small-scale exemption benefit, he cannot opt for the same in the same financial year. On the above basis, proceedings were initiated against them by way of issuance of various show cause notices. 3. These notices were adjudicated by the Assistant Commissioner who accepted the appellants stand that they never opted out o....

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....ts very nature gives a choice to the assessee either to avail the exemption or not to avail the same. As such, it is very necessary that the assessee must "Opt for" not availing the exemption which reflects open conscious decision on the part of the assessee. However, payment of duty on one of the products by mistake, cannot be equalised to option as to invoke the said paragraph against assessee. ....