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    <title>1997 (4) TMI 171 - CEGAT, NEW DELHI</title>
    <link>https://www.taxtmi.com/caselaws?id=86767</link>
    <description>Modvat credit on HDPE and polypropylene granules used to manufacture toner bottles was admissible where the assessee was eligible for more than one exemption and chose the more beneficial notifications. The department could not deny credit by insisting on Notification No. 217/86 merely because the bottles and caps were captively consumed and might otherwise have been exempt. The operative principle is that an assessee may lawfully opt for the exemption that is more beneficial, and the revenue cannot compel a different exemption to defeat consequential credit. Tribunal precedent supported this approach, and the credit claim was allowed.</description>
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    <pubDate>Thu, 10 Apr 1997 00:00:00 +0530</pubDate>
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      <title>1997 (4) TMI 171 - CEGAT, NEW DELHI</title>
      <link>https://www.taxtmi.com/caselaws?id=86767</link>
      <description>Modvat credit on HDPE and polypropylene granules used to manufacture toner bottles was admissible where the assessee was eligible for more than one exemption and chose the more beneficial notifications. The department could not deny credit by insisting on Notification No. 217/86 merely because the bottles and caps were captively consumed and might otherwise have been exempt. The operative principle is that an assessee may lawfully opt for the exemption that is more beneficial, and the revenue cannot compel a different exemption to defeat consequential credit. Tribunal precedent supported this approach, and the credit claim was allowed.</description>
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      <pubDate>Thu, 10 Apr 1997 00:00:00 +0530</pubDate>
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