Home Case Index All Cases Central Excise Central Excise + AT Central Excise - 2024 (2) TMI AT This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2024 (2) TMI 430 - CESTAT KOLKATASSI Exemption - Determination of turnover / value of first clarence - Eligibility for concessional rate of duty as provided in the Notification 9/2000 - whether the value of clearances made by paying duty at the normal rate is to be included or not for the purpose of computing the first value of clearances of 100 lakhs while allowing the benefit of concessional rate of duty as per Notification 9/2000, during a financial year? - HELD THAT:- The Appellant is a SSI unit availed the benefit of the Notification 9/2000, which prescribes concessional rate of duty based on a slab rate basis upto the first clearances value of Rs.100 lakhs, with Cenvat facility. This Notification is not automatic for a SSI Unit and the SSI Unit has to exercise the option to avail this exemption. Once exercised at any time during a financial year, the option could not be withdrawn during the remaining part of the financial year. It is observed that during the Financial Year 2000-01, the Appellant has opted for the benefit of this Notification and never opted out of the Notification during the Financial Year 2000-01. Thus, they would be entitled for the benefit of concessional rate of duty till they cross the value of clearances upto Rs.100 lakhs, during the Financial Year 2000-01. This value is to be computed by taking into account only the value of goods wherein the benefit of concessional rate has been availed. The demand of duty along with interest confirmed in the impugned order is not sustainable. Since the demand of duty is not sustainable, the question of imposing penalty does not arise - the impugned order set aside - appeal allowed.
|