https://www.taxtmi.com/caselaws?id=83573 An assessee could opt out of the Modvat scheme during the financial year and still seek exemption under the relevant notification where exemption was otherwise available. The Tribunal held that failure to claim the exemption in the classification list, or to file a separate refund application at that stage, did not by itself defeat the substantive entitlement to the notification benefit. The refund claims were therefore required to be examined on merits, and the impugned orders were set aside with the matters remanded for fresh consideration in accordance with law. en-us Mon, 05 Sep 1994 00:00:00 +0530 Thu, 14 Jul 2011 12:44:02 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=83573 An assessee could opt out of the Modvat scheme during the financial year and still seek exemption under the relevant notification where exemption was otherwise available. The Tribunal held that failure to claim the exemption in the classification list, or to file a separate refund application at that stage, did not by itself defeat the substantive entitlement to the notification benefit. The refund claims were therefore required to be examined on merits, and the impugned orders were set aside with the matters remanded for fresh consideration in accordance with law. Case-Laws Central Excise Mon, 05 Sep 1994 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=83573