9911796707
TMI Blog2017 (10) TMI 1177X X X X Extracts X X X X X X X X Extracts X X X X ..... the Credit Rules and paying normal rate of duty on the final products; and that in Financial Year 2005-2006, they opted to avail of full exemption under SSI exemption Notification No.8/2003-CE dated 01.03.2003 which is automatic without filing of any intimation to department. 3. The learned Counsel for the appellant states on 31.03.2005, the appellant was having no stock of finished goods. However, they had certain inputs either in stock or in process involving Cenvat Credit of Rs. 2,593/-, which they were required to reverse in terms of Rule 11(2) of the Credit Rules. 4. However, due to ignorance, they couldn't pay the said amount of Rs. 2,593/- as required under Rule 11(2) of the Credit Rules. 5. Appellant had deposited the said amoun ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... quired to pay an amount equivalent to Cenvat Credit, if any, allowed to him in respect of inputs lying in stock or in process or contained in the final product lying in stock on the date when such option is exercised. The Revenue's further contention is that the appellant never informed the Revenue regarding the quantity of inputs lying in stock on the date they started availing the benefit of Small-Scale Notification. 11. The appellant was issued with two show cause notices as follows: - Sr. No. SCN issued on Disputed period Disputed amount (in Rupees) 1. 12.07.2006 April 2005 to June 2005 3,46,939/- 2. 11.10.2006 July 2005 to December 2005 4,96,568/- Total= 8,43,507/- 12. Both the show cause notices ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of any prior intimation or obtaining of any permission, if an assessee wants to avail of the full exemption. Appellant also places reliance on the ruling of this Tribunal in Mistry Brothers Versus Commissioner of Central Excise, Ahmedabad - 2006 (200) ELT 350 (Tri. Mumbai), wherein it was held that to avail exemption under the relevant Notification-SSI exemption. There is no need to exercise the option in writing. The said ruling was with respect to Notification No.8/99-CE as amended by Notification No.-16/99-CE which are pari materia with the Notification No.80/2003-CE. It is also alleged that it is settled law that Trade Notice issued by one Commissionerate is binding on all Commissionerates in the country. So as to maintain uniformity. I ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... edit balance in their Cenvat Credit account as on 01 April, 2005. Under the provisions of Rule 11(2) of CCR, 2004 what is required is to be written off is Cenvat Credit lying unutilized in the Cenvat Credit Register on date of option to avail exemption. Thus, we find that the show cause notices are misconceived. Further, we find that the appellant had suo motu deposited the Cenvat Credit on the inputs lying in stock and also given intimation to the Revenue. We also notice that such deposit was made prior to issue of show cause notices. Accordingly, we hold that the impugned orders are not sustainable. Accordingly, the appeals are allowed and the impugned orders are set aside. The appellant shall be entitled for the consequential benefits in ..... X X X X Extracts X X X X X X X X Extracts X X X X
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