https://www.taxtmi.com/caselaws?id=263791 Where two exemption notifications are available, an assessee may choose the more beneficial unconditional notification, and the department cannot require adoption of a nil-rate exemption merely because input duty credit was not taken. On that basis, goods cleared partly on duty and partly under full exemption could not be treated as having been used exclusively in the manufacture of exempted goods. The denial of capital goods Cenvat credit was therefore unsustainable, and the related demand, interest, and penalty could not stand. en-us Wed, 10 Dec 2014 00:00:00 +0530 Thu, 10 Sep 2015 08:20:13 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=263791 Where two exemption notifications are available, an assessee may choose the more beneficial unconditional notification, and the department cannot require adoption of a nil-rate exemption merely because input duty credit was not taken. On that basis, goods cleared partly on duty and partly under full exemption could not be treated as having been used exclusively in the manufacture of exempted goods. The denial of capital goods Cenvat credit was therefore unsustainable, and the related demand, interest, and penalty could not stand. Case-Laws Central Excise Wed, 10 Dec 2014 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=263791