https://www.taxtmi.com/caselaws?id=31690 Conditional excise exemption requiring non-availment of Modvat credit is unavailable where credit is taken on furnace oil used to generate steam in the manufacturing process, regardless of the credit amount. A classification declaration asserting that no input credit would be claimed, followed by credit availed on fuel used for dutiable and exempt goods, constitutes misdeclaration. This permits invocation of the extended limitation period, so the demand is not time-barred. Duty, interest and penalty remain sustainable where the exemption condition is breached and the declaration is inaccurate. en-us Mon, 21 Jul 2008 00:00:00 +0530 Tue, 02 Dec 2008 00:00:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=31690 Conditional excise exemption requiring non-availment of Modvat credit is unavailable where credit is taken on furnace oil used to generate steam in the manufacturing process, regardless of the credit amount. A classification declaration asserting that no input credit would be claimed, followed by credit availed on fuel used for dutiable and exempt goods, constitutes misdeclaration. This permits invocation of the extended limitation period, so the demand is not time-barred. Duty, interest and penalty remain sustainable where the exemption condition is breached and the declaration is inaccurate. Case-Laws Central Excise Mon, 21 Jul 2008 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=31690