https://www.taxtmi.com/caselaws?id=50350 Duty paid on captively consumed acetaldehyde, even though covered by an exemption notification, could still be treated as valid duty for Modvat credit where the manufacturer had consciously opted to pay duty and the approved classification lists recorded that intention. The Tribunal applied the settled principle that exemption does not prevent payment of duty if the assessee chooses that route. Because the duty was actually paid on acetaldehyde used in the manufacture of pentaerythritol, it could not be disregarded as non-duty merely due to the availability of exemption. Modvat credit was therefore available on the duty so paid. en-us Wed, 28 Jun 2000 00:00:00 +0530 Sat, 21 Aug 2010 12:26:38 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=50350 Duty paid on captively consumed acetaldehyde, even though covered by an exemption notification, could still be treated as valid duty for Modvat credit where the manufacturer had consciously opted to pay duty and the approved classification lists recorded that intention. The Tribunal applied the settled principle that exemption does not prevent payment of duty if the assessee chooses that route. Because the duty was actually paid on acetaldehyde used in the manufacture of pentaerythritol, it could not be disregarded as non-duty merely due to the availability of exemption. Modvat credit was therefore available on the duty so paid. Case-Laws Central Excise Wed, 28 Jun 2000 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=50350