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    <title>1997 (4) TMI 283 - CEGAT, NEW DELHI</title>
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    <description>Exemption under the notification was treated as optional, so an assessee manufacturing exempt goods could choose either to avail the exemption or to pay duty and claim Modvat credit on duty-paid inputs. The Tribunal followed earlier decisions holding that credit could not be denied merely because the final goods were otherwise exempt, and it applied the same principle to the notification in issue. A demand under Rule 57C was therefore unsustainable where duty had been paid on the intermediate goods and credit was taken in accordance with law.</description>
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      <title>1997 (4) TMI 283 - CEGAT, NEW DELHI</title>
      <link>https://www.taxtmi.com/caselaws?id=91551</link>
      <description>Exemption under the notification was treated as optional, so an assessee manufacturing exempt goods could choose either to avail the exemption or to pay duty and claim Modvat credit on duty-paid inputs. The Tribunal followed earlier decisions holding that credit could not be denied merely because the final goods were otherwise exempt, and it applied the same principle to the notification in issue. A demand under Rule 57C was therefore unsustainable where duty had been paid on the intermediate goods and credit was taken in accordance with law.</description>
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