COMMNR. OF CUSTOMS, CALCUTTA vs M/S. INDIAN RAYON & INDUSTRIES

The Supreme Court examined the applicability of Notification No. 158/95-Cus and Notification No. 94/96-Cus under the Central Excise Act, 1944, in the context of re-imported goods that were initially exported but rejected due to defects. The Court held that an assessee cannot change its option for availing benefits under different notifications once it has opted for one, emphasizing the binding nature of the initial choice made under the notifications. The appeal by the Revenue was allowed, affirming the demand for duty as per the original notification.