https://www.taxtmi.com/caselaws?id=90115 Exemption under Notification No. 263/87-C.E. could not be denied merely because Modvat credit had been taken on inputs used in goods cleared without duty under Chapter X procedure, where the credit attributable to the exempt clearances had already been reversed. The governing principle was that, for final products cleared both on payment of duty and without payment of duty, only the credit relatable to the exempted goods must be reversed. In the absence of an express bar in the notification against availing Modvat credit, the mere taking of credit did not justify denial of exemption. The assessee was therefore entitled to the notification benefit. en-us Thu, 04 Jun 1998 00:00:00 +0530 Mon, 03 Oct 2011 15:19:18 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=90115 Exemption under Notification No. 263/87-C.E. could not be denied merely because Modvat credit had been taken on inputs used in goods cleared without duty under Chapter X procedure, where the credit attributable to the exempt clearances had already been reversed. The governing principle was that, for final products cleared both on payment of duty and without payment of duty, only the credit relatable to the exempted goods must be reversed. In the absence of an express bar in the notification against availing Modvat credit, the mere taking of credit did not justify denial of exemption. The assessee was therefore entitled to the notification benefit. Case-Laws Central Excise Thu, 04 Jun 1998 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=90115