Home Case Index All Cases Central Excise Central Excise + AT Central Excise - 2017 (8) TMI AT This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2017 (8) TMI 512 - AT - Central Excise100% EOU - option to choose when two notifications available - the appellant had manufactured and cleared cotton yarn out of indigenous raw material to DTA on payment of duty at the rate of 8% BED by availing N/N. 55/91 instead of following the procedure laid down in N/N. 8/97 Central Excise date 1.3.1997 as amended by N/N. 11/2000 Central Excise dated 1.3.2000 wherein the duty payable is the aggregate of the duties of excise liable under Section 3 of Central Excise Act, 1985 - Held that: - Board had issued a circular No.384/17/98 dated 23.3.1998 wherein it has clarified that an assessee would be eligible to claim exemption either under N/N. 8/97-CE dated 1.3.1997 or N/N. 55/1991-CE - when there are two Notifications available, it is the option of the assessee to follow any one of them which is more beneficial to him - appeal allowed - decided in favor of appellant.
|