https://www.taxtmi.com/caselaws?id=84875 An exemption notification under Section 5A(1) is optional, and an assessee may choose not to avail it where final products are cleared on payment of duty. The MODVAT provisions under Rule 57A and Rule 57C must be read harmoniously so the scheme continues to prevent cascading duty. On that basis, credit on duty-paid inputs cannot be denied merely because the final product could have been exempted. The assessee was therefore entitled to forgo the exemption and claim MODVAT credit on the inputs, and the contrary demand was unsustainable. en-us Mon, 20 Nov 1995 00:00:00 +0530 Mon, 01 Aug 2011 12:28:53 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=84875 An exemption notification under Section 5A(1) is optional, and an assessee may choose not to avail it where final products are cleared on payment of duty. The MODVAT provisions under Rule 57A and Rule 57C must be read harmoniously so the scheme continues to prevent cascading duty. On that basis, credit on duty-paid inputs cannot be denied merely because the final product could have been exempted. The assessee was therefore entitled to forgo the exemption and claim MODVAT credit on the inputs, and the contrary demand was unsustainable. Case-Laws Central Excise Mon, 20 Nov 1995 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=84875