https://www.taxtmi.com/caselaws?id=80834 An assessee entitled to MODVAT credit could lawfully avail the balance differential credit later when an initial lower credit had been taken by mistake. The scheme was construed as beneficial legislation: Rule 57A and Rule 57B established eligibility for credit, while Rule 57-1 dealt with reversal or recovery of wrongly taken credit and did not contain any express bar on taking short credit subsequently. Where the eligibility conditions were satisfied and the additional credit was taken within a reasonable time, later availment was permissible. The departmental appeal was rejected. en-us Mon, 27 Aug 1990 00:00:00 +0530 Mon, 20 Jun 2011 16:26:57 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=80834 An assessee entitled to MODVAT credit could lawfully avail the balance differential credit later when an initial lower credit had been taken by mistake. The scheme was construed as beneficial legislation: Rule 57A and Rule 57B established eligibility for credit, while Rule 57-1 dealt with reversal or recovery of wrongly taken credit and did not contain any express bar on taking short credit subsequently. Where the eligibility conditions were satisfied and the additional credit was taken within a reasonable time, later availment was permissible. The departmental appeal was rejected. Case-Laws Central Excise Mon, 27 Aug 1990 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=80834