https://www.taxtmi.com/caselaws?id=122061 SSI exemption under Notification No. 1/93-C.E. could be available from the start of the financial year even if the option was exercised later, but refund was denied because Modvat credit had been availed during the relevant period, breaching a substantive condition for the benefit, and because the claim was found barred by unjust enrichment. Duty demand for clearances made before the formal option date could not be sustained where the exemption was otherwise available from the beginning of the year. The result was mixed: the refund claim failed, while the pre-option duty demand was set aside. en-us Wed, 02 Aug 2006 00:00:00 +0530 Wed, 08 Aug 2012 13:11:57 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=122061 SSI exemption under Notification No. 1/93-C.E. could be available from the start of the financial year even if the option was exercised later, but refund was denied because Modvat credit had been availed during the relevant period, breaching a substantive condition for the benefit, and because the claim was found barred by unjust enrichment. Duty demand for clearances made before the formal option date could not be sustained where the exemption was otherwise available from the beginning of the year. The result was mixed: the refund claim failed, while the pre-option duty demand was set aside. Case-Laws Central Excise Wed, 02 Aug 2006 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=122061