https://www.taxtmi.com/caselaws?id=46565 A manufacturer who had opted for Modvat under the Central Excise rules was held entitled to withdraw from the scheme during the same financial year and switch to the small-scale exemption, because the rules themselves contained no prohibition against such opting out. The court noted that the only restriction came from a trade notice or circular, and an administrative instruction cannot curtail a right not denied by the statutory scheme. It further applied the principle that there can be no estoppel against statute, so a circular inconsistent with the rules could not control the scheme. The demand notices based on the contrary view were quashed. en-us Sat, 25 May 2002 00:00:00 +0530 Thu, 22 Jul 2010 15:18:02 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=46565 A manufacturer who had opted for Modvat under the Central Excise rules was held entitled to withdraw from the scheme during the same financial year and switch to the small-scale exemption, because the rules themselves contained no prohibition against such opting out. The court noted that the only restriction came from a trade notice or circular, and an administrative instruction cannot curtail a right not denied by the statutory scheme. It further applied the principle that there can be no estoppel against statute, so a circular inconsistent with the rules could not control the scheme. The demand notices based on the contrary view were quashed. Case-Laws Central Excise Sat, 25 May 2002 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=46565