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    <title>2004 (11) TMI 103 - Supreme Court</title>
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    <description>A manufacturer could not simultaneously avail full exemption under Notification No. 175/86-C.E. for some goods and Modvat credit under Rule 57A for others where the notification and credit scheme operated as mutually structured alternatives. The notification had to be read as a whole and harmoniously, so the manufacturer&#039;s choice between exemption and Modvat credit determined the applicable benefit structure. The earlier view relied on by the Tribunal had already been overruled by a larger Bench, and the later departmental clarification also confirmed that concurrent availment was impermissible. The integrated scheme therefore required election of one concession, not both.</description>
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    <pubDate>Thu, 04 Nov 2004 00:00:00 +0530</pubDate>
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      <title>2004 (11) TMI 103 - Supreme Court</title>
      <link>https://www.taxtmi.com/caselaws?id=32432</link>
      <description>A manufacturer could not simultaneously avail full exemption under Notification No. 175/86-C.E. for some goods and Modvat credit under Rule 57A for others where the notification and credit scheme operated as mutually structured alternatives. The notification had to be read as a whole and harmoniously, so the manufacturer&#039;s choice between exemption and Modvat credit determined the applicable benefit structure. The earlier view relied on by the Tribunal had already been overruled by a larger Bench, and the later departmental clarification also confirmed that concurrent availment was impermissible. The integrated scheme therefore required election of one concession, not both.</description>
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      <pubDate>Thu, 04 Nov 2004 00:00:00 +0530</pubDate>
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