https://www.taxtmi.com/caselaws?id=54153 Mere temporary taking of Modvat credit under Rule 57Q, followed by reversal without utilisation, did not amount to "availing" credit where the exemption notification denied benefit only if credit under Rules 57A or 57Q had been availed. The condition was read as aimed at preventing double benefit through both exemption and input credit, not at penalising unutilised or reversed credit entries. On that basis, entitlement to the concessional rate under Notification No. 4/97-C.E. was preserved, and the demand and penalty were set aside. en-us Fri, 06 May 2005 00:00:00 +0530 Mon, 18 Oct 2010 12:38:09 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=54153 Mere temporary taking of Modvat credit under Rule 57Q, followed by reversal without utilisation, did not amount to "availing" credit where the exemption notification denied benefit only if credit under Rules 57A or 57Q had been availed. The condition was read as aimed at preventing double benefit through both exemption and input credit, not at penalising unutilised or reversed credit entries. On that basis, entitlement to the concessional rate under Notification No. 4/97-C.E. was preserved, and the demand and penalty were set aside. Case-Laws Central Excise Fri, 06 May 2005 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=54153