https://www.taxtmi.com/caselaws?id=87668 An assessee eligible for exemption under Notification No. 1/93 was not compelled to claim the exemption and could lawfully elect to pay duty and avail Modvat credit, provided the statutory conditions for that route were met. The existence of a beneficial exemption did not by itself attract the embargo under Rule 57C where the assessee had not been required in law or fact to operate under the exemption. Because the assessee had filed the required declarations and was entitled to choose the Modvat route, the basis for invoking Rule 57-I for alleged wrong credit availment failed and the duty demand was unsustainable. en-us Fri, 28 Nov 1997 00:00:00 +0530 Thu, 08 Sep 2011 15:18:36 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=87668 An assessee eligible for exemption under Notification No. 1/93 was not compelled to claim the exemption and could lawfully elect to pay duty and avail Modvat credit, provided the statutory conditions for that route were met. The existence of a beneficial exemption did not by itself attract the embargo under Rule 57C where the assessee had not been required in law or fact to operate under the exemption. Because the assessee had filed the required declarations and was entitled to choose the Modvat route, the basis for invoking Rule 57-I for alleged wrong credit availment failed and the duty demand was unsustainable. Case-Laws Central Excise Fri, 28 Nov 1997 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=87668