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2014 (7) TMI 21 - AT - Central ExciseSmall scale (SSI) exemption - while raising the first invoice, the person liable for raising the same showed payment of duty of 16%, instead of nil rate of duty - on realizing their mistake, they raised another invoice in respect of the goods cleared, by showing the availment of exemption notification and consequent nil rate of duty - Notification No. 8/99, dated 1-3-1999 - Held that:- The duty paid in the first invoice and availed Cenvat credit by their buyers was reversed by their buyers. The Tribunal in the case of Mistry Brothers reported in [2006 (3) TMI 464 - CESTAT, MUMBAI] has held that the exemption is available automatically to an assessee, who has the option to opt out of the same. Inasmuch as the appellant have not, in clear terms and with a conscious mind, opted out of the small scale notification, the benefit of the same cannot be denied to them. We also note that the appellant reliance on the Tribunal’s decision in the case of Crescent Polymers Pvt. Ltd. reported in 2[2008 (2) TMI 187 - CESTAT, BANGALORE] is appropriate. It was held in the said decision that initial clearances at full rate of duty will not result in denial of SSI Exemption benefit for the entire period - Decided in favour of assessee.
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