https://www.taxtmi.com/caselaws?id=94096 An exemption notification under Notification No. 217/86 was treated as optional rather than compulsory, so the assessee could decline the exemption and instead adopt the duty-credit route where the statutory scheme permitted choice. The procedural conditions attached to the exemption, including Chapter X formalities, did not prevent that election. A departmental circular was also read as supporting availability of credit on the same basis, and the distinction between money credit and Modvat credit was held immaterial for this purpose. The demand was therefore considered unsustainable, and credit could not be denied merely because the exemption was not availed. en-us Sat, 23 Sep 2000 00:00:00 +0530 Sat, 19 Nov 2011 11:06:38 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=94096 An exemption notification under Notification No. 217/86 was treated as optional rather than compulsory, so the assessee could decline the exemption and instead adopt the duty-credit route where the statutory scheme permitted choice. The procedural conditions attached to the exemption, including Chapter X formalities, did not prevent that election. A departmental circular was also read as supporting availability of credit on the same basis, and the distinction between money credit and Modvat credit was held immaterial for this purpose. The demand was therefore considered unsustainable, and credit could not be denied merely because the exemption was not availed. Case-Laws Central Excise Sat, 23 Sep 2000 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=94096