Home Case Index All Cases Central Excise Central Excise + AT Central Excise - 2017 (8) TMI AT This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2017 (8) TMI 1040 - CESTAT MUMBAIExemption under N/N. 5/98-C.E., dated 21-6-1998 - The department’s case is that appellant after aggregate clearances of ₹ 85 lakhs the appellant did not avail the consessional rate of duty @ 5%, whereas they have paid duty at the applicable rate should and consequently availed Modvat credit, therefore they are not entitled for exemption - Held that: - In the notification there is no condition that for availing exemption notification the assessee cannot opt out in the middle of the financial year. As per condition of the notification for availing exemption Modvat credit should not be availed - In the present case since respondent has availed Modvat credit, they have cleared the goods at normal rate of duty therefore exemption availed upto the aggregate value of ₹ 85 lakhs cannot be disputed for the reason that during the clearance up to the said limit appellant has not availed Modvat credit, accordingly complied with the condition of N/N. 5/98-C.E - benefit allowed - appeal dismissed - decided against Revenue.
|