https://www.taxtmi.com/caselaws?id=84388 A small scale unit availing the concessional rate under Notification No. 175/86 was not disentitled from that benefit merely because MODVAT credit had been availed or a declaration to that effect had been filed. The Tribunal noted that the notification did not expressly require forfeiture of MODVAT credit as a condition for the concessional rate, and mere payment of duty at the concessional rate did not by itself defeat the benefit under para (a)(ii). The point was treated as covered by the Tribunal's earlier decision in the assessee's own case, following Jai Industries, and the exemption benefit was therefore upheld. en-us Fri, 24 Mar 1995 00:00:00 +0530 Thu, 21 Jul 2011 16:22:51 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=84388 A small scale unit availing the concessional rate under Notification No. 175/86 was not disentitled from that benefit merely because MODVAT credit had been availed or a declaration to that effect had been filed. The Tribunal noted that the notification did not expressly require forfeiture of MODVAT credit as a condition for the concessional rate, and mere payment of duty at the concessional rate did not by itself defeat the benefit under para (a)(ii). The point was treated as covered by the Tribunal's earlier decision in the assessee's own case, following Jai Industries, and the exemption benefit was therefore upheld. Case-Laws Central Excise Fri, 24 Mar 1995 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=84388