9911796707
TMI Blog1997 (2) TMI 267X X X X Extracts X X X X X X X X Extracts X X X X ..... nt. [Order per : G.R. Sharma, Member (T)]. - The facts of the case leading to the present appeal are that the appellants are engaged in the manufacture of P.V.C. Compounds. They filed a C/List effective from 1-4-1993 claiming the benefit of Notification No. 14/92-C.E., dated 1-3-1992 and the assessment of their goods at 35% ad valorem. The Asstt. Collector. held that the appellants were en ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... el submits that a perusal of this notification will show that serial number 2 and 3 of the Table annexed to the notification read as under :- ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... l and requires the assessee to pay at nil rate of duty. The ld. Counsel submits that the appellants had claimed benefit under this notification which was applicable in respect of the goods manufactured and cleared by them. He submits that there was no question of any option whatsoever. Alternatively, the ld. Counsel submits that even if it was decided that there was a question of option, the optio ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... No. & Date of the relevant notification, if any, issued having bearing on the rate of duty' "Notification No. 14/9 2-C.E., dated 1-3-1992 as amended" and in the column `rate of duty', they had claimed basic duty as 35%. There is no dispute that this Notification was not applicable to the goods manufactured by the appellants. The only dispute was that the deptt. alleged that since there was an exem ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... oods even otherwise, the Tribunal has already held that it is the option of the assessee either to opt for availing credit of duty on inputs under the Modvat scheme or to avail exemption as SSI unit under the relevant notification. Having regard to the discussion, we hold that the assessee was entitled to avail the benefit of Notification No. 14/92-C.E. by paying duty at a rate of 35% as set out i ..... X X X X Extracts X X X X X X X X Extracts X X X X
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