2007 (6) TMI 130

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....006 dt. 28-2-06. 2. The respondents are absent nor have filed a cross-objection. 3. Considered the submissions made by Ld. SDR and perused the records. The issue involved in this case is regarding the confirmation of demand of duty and consequent penalty on the respondent, on the ground, that they had paid the duty on their final products which were exempted by Notification No. 10/2003 and d....

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....ubaneswar 2001 (129) E.L.T. 636 (Tri.-Kolkatta) is squarely applicable in this case, wherein it has been held that "it is the option of the assessee to avail or not to avail the exemption notification and the assessee is at liberty to pay the duty in respect of the goods which are fully exempt vide Notification and to avail the Modvat credit in respect of the inputs used in the manufacture of such....

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.... v. Narayan Polyplast as reported at [2005 (179) E.L.T. 20 (S.C.) which have been correctly followed by the Ld. Commissioner (Appeals). 4. Further, the Central Government brought are amendment to Section 5A, which in effect makes it compulsory for the assessee to avail exemption. This sub-section (1A) of Section 5A was brought in effect from 13-5-2005. The period of dispute is the current case ....