https://www.taxtmi.com/caselaws?id=88119 Rule 57B of the Central Excise Rules, 1944 did not override the ceiling on notional Modvat credit fixed by Notification No. 175/86-C.E., as amended, issued under Rule 8(1). The notification itself limited credit to the duty otherwise applicable but for the exemption, or 5% ad valorem, whichever was less. The Tribunal distinguished an earlier precedent because it concerned a notification under Rule 57A, not Rule 8. As the appellants had taken credit at the full duty rate beyond the permissible limit for small-scale industry inputs, the higher notional credit was disallowed and the refund claim failed. en-us Fri, 02 Jan 1998 00:00:00 +0530 Thu, 15 Sep 2011 12:06:53 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=88119 Rule 57B of the Central Excise Rules, 1944 did not override the ceiling on notional Modvat credit fixed by Notification No. 175/86-C.E., as amended, issued under Rule 8(1). The notification itself limited credit to the duty otherwise applicable but for the exemption, or 5% ad valorem, whichever was less. The Tribunal distinguished an earlier precedent because it concerned a notification under Rule 57A, not Rule 8. As the appellants had taken credit at the full duty rate beyond the permissible limit for small-scale industry inputs, the higher notional credit was disallowed and the refund claim failed. Case-Laws Central Excise Fri, 02 Jan 1998 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=88119