2007 (11) TMI 504

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....ant. S/Shri Nimesh Mehta and Nitin Mehta, Advocates, for the Respondent. [Order per : M. Veeraiyan, Member (T)].  - These two appeals are by the Department against the order of the Commissioner (Appeals) No. RKS/124-125/VALSAD/2003 dated 19-8-2003. 2. Heard both sides. 3. The relevant facts, in brief, are as follows :- (a)     The respondent are....

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....ing the benefit of Cenvat credit, they opted out of Notification No. 5/98 and paid the normal rate of duty (stated to be 24%) and also availed Cenvat credit. (d)    The assessee has cleared goods valued at Rs. 4,09,84,896/- after completion of Rs. 100 lakhs during the period from 1-9-1999 to 29-2-2000. (e)     The Original Authority held that the assessee h....

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....ould continue to avail the Notification No. 5/98 throughout the financial year and accordingly he supports the order of the Commissioner (Appeals). 6.1  We have carefully considered the submissions from both sides. The Notification No. 5/98 does not contain any condition that if they opt to avail the benefit of Notification No. 5/98, they should continue to avail the same during the entire....