https://www.taxtmi.com/caselaws?id=118778 Denial of exemption under Notification No. 38/97-C.E. for failure to file the required declaration meant the finished goods were assessable at the tariff rate. On that basis, the separate denial of Modvat credit was unsustainable, because once duty is payable at the tariff rate, credit cannot be refused merely for non-compliance with the declaration condition attached to the exemption notification. The CESTAT therefore set aside the denial of Modvat credit and accepted the assessee's contention. en-us Thu, 11 Aug 2005 00:00:00 +0530 Thu, 05 Jul 2012 16:29:34 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=118778 Denial of exemption under Notification No. 38/97-C.E. for failure to file the required declaration meant the finished goods were assessable at the tariff rate. On that basis, the separate denial of Modvat credit was unsustainable, because once duty is payable at the tariff rate, credit cannot be refused merely for non-compliance with the declaration condition attached to the exemption notification. The CESTAT therefore set aside the denial of Modvat credit and accepted the assessee's contention. Case-Laws Central Excise Thu, 11 Aug 2005 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=118778