1997 (8) TMI 181

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..... ts. [Order per : G.R. Sharma, Member (T)]. - By this Reference Application Revenue has submitted that following questions of law arise out of this Tribunal Final Order No. A/413/97-NB. The question of law according to the Reference Application is (1) whether the option to pay duty and avail Modvat credit or avail exemption as SSI unit is vested in the assessee. (2) Whether provisions of Rule 57C .....

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..... dated 18-4-1997. We agree that the following points of law had arisen. (a) Whether option either to pay duty and avail Modvat credit or avail exemption as SSI unit is vested in the unit. (b) Whether Rule 57C of the Central Excise Rules, 1944 is attracted to clearances taken on payment of duty even when duty exemption was available to the unit as SSI unit on the clearance up to that value. .....

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