2015 (5) TMI 770

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....facts of the case, in brief, are that the appellants filed classification list Range SL. No. 20/94-95 claiming SSI exemption under Notification No. 1/93-CE dated 28.02.1993 for the items namely Tube and pipe of cast iron (heading 7303.00), and Unmachined pipe fittings (7307.00). They paid full duty on Unmachined cast iron articles like shutters, etc (7325.10) and Ferrous waste and scrap (7204.10).....

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....ssued proposing to deny the benefit of SSI exemption Notification No. 1/93-CE, on the ground that since they were opted to pay duty at tariff rate for certain cast iron articles classifiable under heading No. 7325.10, and as per the proviso to Notification No. 1/93, as amended by Notification No. 59/94 exemption for the other two items under heading No. 7303 and 7307 are not available and there is....

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....nancial year in which such option falls." The appellant contended that they were not aware that the goods under heading No. 7325.10 was within the purview of the exemption Notification No. 1/93-CE w.e.f. 01.03.94. We find that there is no dispute that after amendment of the SSI exemption Notification No. 1/93 as amended by Notification No. 59/94, the simultaneous availment of modvat and SSI exemp....