Modvat option: manufacturers who did not take input credit may withdraw and claim small scale exemption in same year. Manufacturers who filed a declaration of intent to avail Modvat but did not pay duty on clearances or take input credit may be permitted to opt for full small scale exemption in the same financial year; past cases should be decided accordingly, provided no Modvat credit was actually availed and no duty was paid on clearances.
Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
Provisions expressly mentioned in the judgment/order text.
Modvat option: manufacturers who did not take input credit may withdraw and claim small scale exemption in same year.
Manufacturers who filed a declaration of intent to avail Modvat but did not pay duty on clearances or take input credit may be permitted to opt for full small scale exemption in the same financial year; past cases should be decided accordingly, provided no Modvat credit was actually availed and no duty was paid on clearances.
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