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2016 (7) TMI 984 - AT - Central ExciseSSI exemption - procedural conditions of Notification No.9/2003-CE, dt.01.03.2003, for the period March 2004 and April 2004 to June 2004 not fulfilled - Held that:- A plain reading of the said notification, particularly the condition in clause 2, it is clear that the assessee-manufacturer requires to exercise their option to avail exemption under this notification i.e. to pay duty at 60% of the normal rate of duty at the beginning of the financial year itself and the option once exercised, cannot be changed in the same financial year. The said condition 2 cannot be designated as a mere procedural one and to avail the benefit of the Notification need not be fulfilled. - non-fulfillment of the said mandatory condition would dis-entitle the Appellant in availing the benefit of the SSI exemption notification no. 09/2003-CE dt.01.03.20003. However, we find that the Appellants had recorded all facts in their statutory records and the demand has been issued for the normal period. Thus, in our view, imposition of penalty of ₹ 1.00 lakh in the circumstances of the case, appears to be too harsh. - Decided partly in favor of assessee.
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