https://www.taxtmi.com/caselaws?id=54882 A departmental circular cannot override binding Tribunal precedent, and a Commissioner (Appeals) must follow higher appellate decisions as a matter of judicial discipline. The Tribunal reiterated that, where earlier decisions recognise exemption as an assessee's option and no contrary higher ruling is shown, that view governs the dispute. On that basis, Modvat credit on inputs was not disturbed even though the manufactured goods were fully exempt and duty had been paid voluntarily. The Revenue's challenge therefore failed and the allowance of credit in favour of the respondents remained undisturbed. en-us Thu, 23 Jun 2005 00:00:00 +0530 Fri, 22 Oct 2010 15:35:30 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=54882 A departmental circular cannot override binding Tribunal precedent, and a Commissioner (Appeals) must follow higher appellate decisions as a matter of judicial discipline. The Tribunal reiterated that, where earlier decisions recognise exemption as an assessee's option and no contrary higher ruling is shown, that view governs the dispute. On that basis, Modvat credit on inputs was not disturbed even though the manufactured goods were fully exempt and duty had been paid voluntarily. The Revenue's challenge therefore failed and the allowance of credit in favour of the respondents remained undisturbed. Case-Laws Central Excise Thu, 23 Jun 2005 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=54882