https://www.taxtmi.com/caselaws?id=48151 Condition No. 10 in Notification No. 5/99-C.E. was construed as a factory-wise restriction on MODVAT credit, not a company-wide bar across all units of the same manufacturer. As the exempting unit had not availed credit in relation to goods manufactured in that factory, exemption could not be refused merely because another factory of the same assessee had taken MODVAT credit. The assessee was therefore entitled to the notification benefit, and the Revenue's challenge failed. en-us Wed, 03 May 2006 00:00:00 +0530 Sat, 19 Apr 2014 16:36:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=48151 Condition No. 10 in Notification No. 5/99-C.E. was construed as a factory-wise restriction on MODVAT credit, not a company-wide bar across all units of the same manufacturer. As the exempting unit had not availed credit in relation to goods manufactured in that factory, exemption could not be refused merely because another factory of the same assessee had taken MODVAT credit. The assessee was therefore entitled to the notification benefit, and the Revenue's challenge failed. Case-Laws Central Excise Wed, 03 May 2006 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=48151