https://www.taxtmi.com/caselaws?id=85976 A conditional exemption does not cease to apply merely because the assessee elects to pay duty on captively consumed VAM instead of availing the exemption. On that basis, VAM was treated as duty paid for the purpose of the later concession under Notification No. 53/88-C.E., so the concessional rate for Polyvinyl Alcohol could not be denied. The text also notes that prior disclosure and correspondence with the department barred invocation of the extended limitation period, making the demand time barred; once the demand failed, the penalty also could not be sustained. en-us Wed, 27 Dec 1995 00:00:00 +0530 Tue, 09 Aug 2011 13:10:26 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=85976 A conditional exemption does not cease to apply merely because the assessee elects to pay duty on captively consumed VAM instead of availing the exemption. On that basis, VAM was treated as duty paid for the purpose of the later concession under Notification No. 53/88-C.E., so the concessional rate for Polyvinyl Alcohol could not be denied. The text also notes that prior disclosure and correspondence with the department barred invocation of the extended limitation period, making the demand time barred; once the demand failed, the penalty also could not be sustained. Case-Laws Central Excise Wed, 27 Dec 1995 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=85976