2001 (10) TMI 154

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....per : V.K. Agrawal, Member (T)]. - The issue involved in this Appeal, filed by M/s. Prabhat Forgings Works, is whether the exemption under Notification No. 1/93-C.E., dated 28-2-93 is available in respect of the goods manufactured and cleared by them. 2. Shri Naveen Mullick, learned Advocate submitted that the Appellants manufacture rough forged blanks of non alloy steel and metal rolls; that a....

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.... they had not sent any letter for option; that only on 15-5-96 option to avail benefit of Notification No. 1/93 was filed by them; that Notification requires placing on record by an assessee specifically about non-availment of the benefit of exemption in writing; that as they had not placed their option in writing, the embargo contained in the Notification will not apply. He also mentioned that in....

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....ly shows that they had exercised the option of not availing of the benefit of the exemption. Reliance was placed on the decision in the case of Uttam Industries v. C.C. E., New Delhi - 2001 (130) E.L.T. 948 (T) = 2000 (37) RLT 838. 4. We have considered the submission of both sides. As the issue regarding classification of the impugned product was not taken up by the Appellants before both the ....

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....ailing of the benefit of the exemption contained in the Notification, he has to pay duty at the rate applicable on all subsequent clearances of specified goods made after availing such option in a financial year. The Appellants admittedly had cleared the specified goods without availing of the benefit of the exemption contained in the Notification during the Financial Year 1996-97. The learned SDR....