https://www.taxtmi.com/caselaws?id=109106 An exemption notification issued for an assessee's benefit was treated as optional rather than compulsory, so an eligible unit could decline the exemption and instead take Modvat credit on inputs. The majority construed Rule 57C as applying only where the final product is actually cleared without duty, not as an absolute bar merely because exemption is available. It also distinguished the Andhra Pradesh High Court ruling relied on by the Revenue and followed Tribunal decisions recognising an assessee's choice between exemption and Modvat. The dissenting view considered that Rule 57C and the cited High Court decision warranted reference to a Larger Bench because exemption and Modvat could not be concurrently claimed on fully exempt goods. en-us Thu, 04 Dec 1997 00:00:00 +0530 Thu, 05 Apr 2012 18:30:30 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=109106 An exemption notification issued for an assessee's benefit was treated as optional rather than compulsory, so an eligible unit could decline the exemption and instead take Modvat credit on inputs. The majority construed Rule 57C as applying only where the final product is actually cleared without duty, not as an absolute bar merely because exemption is available. It also distinguished the Andhra Pradesh High Court ruling relied on by the Revenue and followed Tribunal decisions recognising an assessee's choice between exemption and Modvat. The dissenting view considered that Rule 57C and the cited High Court decision warranted reference to a Larger Bench because exemption and Modvat could not be concurrently claimed on fully exempt goods. Case-Laws Central Excise Thu, 04 Dec 1997 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=109106