https://www.taxtmi.com/caselaws?id=52583 Deemed credit under Notification No. 29/96-C.E. was unavailable once the assessee had availed actual Modvat credit on light diesel oil used in relation to notified final products, because the bar operated on the fact of availment itself and was not displaced by later utilisation or reversal. The extended limitation period could not be applied for December 1998 to October 1999 in the absence of suppression, so that portion of the demand was time-barred, while the November 1999 demand remained within time. Interest and penalty were held unsustainable because the matter concerned denial of deemed credit under the excise credit scheme. en-us Mon, 24 Nov 2003 00:00:00 +0530 Wed, 06 Oct 2010 16:35:17 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=52583 Deemed credit under Notification No. 29/96-C.E. was unavailable once the assessee had availed actual Modvat credit on light diesel oil used in relation to notified final products, because the bar operated on the fact of availment itself and was not displaced by later utilisation or reversal. The extended limitation period could not be applied for December 1998 to October 1999 in the absence of suppression, so that portion of the demand was time-barred, while the November 1999 demand remained within time. Interest and penalty were held unsustainable because the matter concerned denial of deemed credit under the excise credit scheme. Case-Laws Central Excise Mon, 24 Nov 2003 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=52583