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2010 (8) TMI 388 - AT - Central ExciseSSI Exemption - respondent had opted to avail of the exemption under Notification No. 8/99-C.E., where the clearances starting from 1st April and upto Rs. 50 lakhs are fully exempt from duty and the next clearances worth Rs. 50 lakhs attract duty at a concessional rate of 5% ad valorem - condition No. (v) of this Notification is that the manufacturer does not utilize the capital goods Cenvat credit for payment of duty in respect of his clearances upto Rs. one crore in respect of which the benefit of exemption is being availed - respondent used capital goods Cenvat credit for payment of duty on a consignment - exemption under Notification No. 8/99-C.E. is not meant to be availed clearance-wise at the option of the Assessee - if any of the conditions mentioned violated, the assessee would cease to be eligible for the entire exemption – Demand of interest confirmed – penalty waived
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