https://www.taxtmi.com/caselaws?id=107661 An exemption notification with two mutually exclusive limbs for first clearances was interpreted so that sub-clause (i) applied where Modvat credit was availed, while sub-clause (ii) granted full exemption in any other case. Although proforma credit under Rule 56A was not the same as Modvat credit under Rule 57A, the assessee fell outside sub-clause (i) and therefore within sub-clause (ii), so the exemption remained available. The Tribunal also accepted the alternate legal plea because it raised a question of law and noted that no short payment of duty resulted. The duty demand was therefore unsustainable and the impugned order was set aside. en-us Mon, 28 Jul 2003 00:00:00 +0530 Sat, 24 Mar 2012 11:56:14 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=107661 An exemption notification with two mutually exclusive limbs for first clearances was interpreted so that sub-clause (i) applied where Modvat credit was availed, while sub-clause (ii) granted full exemption in any other case. Although proforma credit under Rule 56A was not the same as Modvat credit under Rule 57A, the assessee fell outside sub-clause (i) and therefore within sub-clause (ii), so the exemption remained available. The Tribunal also accepted the alternate legal plea because it raised a question of law and noted that no short payment of duty resulted. The duty demand was therefore unsustainable and the impugned order was set aside. Case-Laws Central Excise Mon, 28 Jul 2003 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=107661