2006 (8) TMI 489

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.... Respondent. [Order per : P.G. Chacko, Member (J)]. - Appeal No. 1032/99 is against rejection of a refund claim of the assessee. The appellants were engaged in the manufacture of excisable goods (cotton yarn) specified for SSI exemption under Notification No. 1/93-C.E. But, they opted for availment of full SSI benefit only on 16-5-1996. During the period from 1-4-96 to 19-4-96, they had cleared....

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....erefore, they were eligible for the above refund of duty. Ld. SDR opposed this plea and submitted that, as the assessee had availed Modvat credit for payment of duty during the above period, they were not eligible for SSI benefit and consequently not eligible for the refund of duty paid for the said period. In any case, ld. SDR submitted, the refund claim was hit by unjust enrichment. 3.  Af....

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.... date of exercise of option for availment of SSI benefit could not be construed as opting out of exemption for the entire financial year. Thus it would appear that the appellants can claim SSI benefit right from 1-4-96. But, the fact remains that, from 1-4-96 to 19-4-96, they were availing the benefit of Modvat credit, which amounted to non-fulfilment of a substantive condition for SSI benefit. Th....

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....ar facts, a refund claim of the party was held to be barred by unjust enrichment. In the result, Appeal No. 1032/99 stands dismissed. 4.  The remaining appeal is against a demand of duty of Rs. 64,187.99 on cotton yarn cleared by the assessee during the period from 25-4-96 to 9-5-96. As already noted, the assessee had opted for SSI benefit under the aforecited Notification for the financial ....