TMI Blog2009 (6) TMI 822X X X X Extracts X X X X X X X X Extracts X X X X ..... s of the case, in brief, are that the appellants are engaged in the manufacture of Wires. On 1-4-2005 they opted for availing SSI Exemption benefit under notification No. 8/2003-C.E., dated 1-3-2003. They availed SSI Exemption benefit during the financial year 2005-06. However, in the month of January, 2006 they felt to opt out of SSI Exemption and, therefore, they deposited the entire amount of d ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... f denial of credit on stock as on 1-4-2005. Her alternative submission is that if the demand of the duty is upheld the amount deposited by the appellants on 10-1-2006 and 13-3-2006 is liable to be adjusted. She also submits that the appellant is a small unit and there is no intention to evade payment of duty and, therefore, penalty is not warranted. 3. Learned D.R. reiterates the findings of the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... a query from the Bench, the learned Advocate submits that the appellants voluntarily deposited the duty on 10-1-2006 and 13-3-2006 in respect of clearances made during the entire financial year. Learned Advocate also points out that the appellants have not availed any further Cenvat credit. It is also submitted by the appellants that the payment was made on their own without any permission from t ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
