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TMI Blog2001 (12) TMI 358X X X X Extracts X X X X X X X X Extracts X X X X ..... espondent. [Order per : V.K. Agrawal, Member (T)]. - The issue involved in this appeal filed by M/s. Bentex Linger Switch Gear Co. is whether the benefit of Notification No. 16/97-C.E., dated 1-4-97 is available to the goods manufactured by them. 2. Shri K.K. Anand, ld. Advocate, submitted that the appellants were availing SSI Exemption under Notification No. 16/97-C.E., dated 1-4-97 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... to 23-9-97 and confirmed the demand of Central Excise duty and imposed penalty on the ground that they had not complied with the conditions specified in the said Notification; that condition No. 2 of the Notification provided that for opting out of the Notification, the option should have been exercised on or before 1-5-97 and they could not avail Modvat credit before reaching the clearance value ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of the Commissioner was in force. 4. Countering the arguments Shri M.P. Singh, ld. DR, submitted that as per condition (2) (iii) of the Notification No. 16/97, a manufacturer was debarred from availing of Modvat credit under Rule 57A, until the value of the clearances for home consumption does not exceed Rs. One crore; that as the appellants had started availing of Modvat credit with effect ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... istant Commissioner they informed the Department that they were going to deposit duty at tariff rate under protest till the final decision on the appeal filed by them against Commissioner's order is taken. It is evident that it is not the case where the appellants on their own had opted out of the Notification No. 16/97 but they had been forced to pay the duty at full rate instead of paying the du ..... X X X X Extracts X X X X X X X X Extracts X X X X
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