https://www.taxtmi.com/caselaws?id=50277 An exemption notification was treated as a statutory benefit attached to the tariff scheme, not as extinguishing the underlying levy. Because the tariff duty continued to exist and the exemption had to be claimed, the assessee retained a choice whether to avail the exemption. On that basis, duty paid on goods covered by the exemption could not be disregarded merely because the notification existed, and Modvat credit on such duty could not be refused on the ground that the goods were exempt. The assessee was therefore entitled to forgo the exemption, pay duty, and claim consequential credit. en-us Fri, 02 Jun 2000 00:00:00 +0530 Fri, 20 Aug 2010 17:24:25 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=50277 An exemption notification was treated as a statutory benefit attached to the tariff scheme, not as extinguishing the underlying levy. Because the tariff duty continued to exist and the exemption had to be claimed, the assessee retained a choice whether to avail the exemption. On that basis, duty paid on goods covered by the exemption could not be disregarded merely because the notification existed, and Modvat credit on such duty could not be refused on the ground that the goods were exempt. The assessee was therefore entitled to forgo the exemption, pay duty, and claim consequential credit. Case-Laws Central Excise Fri, 02 Jun 2000 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=50277