https://www.taxtmi.com/caselaws?id=81081 An assessee could choose between MODVAT and exemption under Notification No. 175/86-C.E., as amended, because both were substantive concessions and the election lay with the assessee. Where a later classification list opting for the exemption was approved, that list became operative, and assessment could not be sustained on the basis of an earlier classification list selecting MODVAT. In the absence of proof that duty was short-paid under the exemption notification, the demand founded on the first classification list failed. en-us Thu, 18 Jan 1990 00:00:00 +0530 Wed, 22 Jun 2011 13:04:50 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=81081 An assessee could choose between MODVAT and exemption under Notification No. 175/86-C.E., as amended, because both were substantive concessions and the election lay with the assessee. Where a later classification list opting for the exemption was approved, that list became operative, and assessment could not be sustained on the basis of an earlier classification list selecting MODVAT. In the absence of proof that duty was short-paid under the exemption notification, the demand founded on the first classification list failed. Case-Laws Central Excise Thu, 18 Jan 1990 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=81081