https://www.taxtmi.com/caselaws?id=116824 Capital goods Modvat credit validly taken before an exemption notification was amended could not be denied or reversed merely because the later amendment required non-availment of such credit for exemption. The earlier availment remained proper under the legal position then in force, and a subsequent restrictive condition could not retrospectively invalidate it. The fact that the credit was not used thereafter and clearances were made on payment from PLA further supported the assessee's case. The demand for reversal of the already availed credit was therefore not sustainable, and the impugned orders were set aside in favour of the assessee. en-us Mon, 07 Nov 2005 00:00:00 +0530 Mon, 18 Jun 2012 10:49:23 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=116824 Capital goods Modvat credit validly taken before an exemption notification was amended could not be denied or reversed merely because the later amendment required non-availment of such credit for exemption. The earlier availment remained proper under the legal position then in force, and a subsequent restrictive condition could not retrospectively invalidate it. The fact that the credit was not used thereafter and clearances were made on payment from PLA further supported the assessee's case. The demand for reversal of the already availed credit was therefore not sustainable, and the impugned orders were set aside in favour of the assessee. Case-Laws Central Excise Mon, 07 Nov 2005 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=116824