https://www.taxtmi.com/caselaws?id=123172 A conditional exemption notification that does not require uninterrupted availing for the full financial year does not stop an assessee from opting out after crossing the exemption limit and thereafter paying duty at the normal rate with input credit. Where the assessee had already cleared goods at nil rate up to the prescribed limit and paid duty on later clearances, denial of credit was inconsistent with treating those later clearances as dutiable. The department's demand and denial of credit could not be sustained on the scheme of the notification, and the assessee's position was accepted. en-us Mon, 26 Nov 2007 00:00:00 +0530 Sat, 08 Sep 2012 12:51:16 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=123172 A conditional exemption notification that does not require uninterrupted availing for the full financial year does not stop an assessee from opting out after crossing the exemption limit and thereafter paying duty at the normal rate with input credit. Where the assessee had already cleared goods at nil rate up to the prescribed limit and paid duty on later clearances, denial of credit was inconsistent with treating those later clearances as dutiable. The department's demand and denial of credit could not be sustained on the scheme of the notification, and the assessee's position was accepted. Case-Laws Central Excise Mon, 26 Nov 2007 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=123172