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2008 (11) TMI 270 - HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPURWhether opting of the appellant under the Optional Compound Levy Scheme introduced under the Notification of 1st July, 2001 has got any relevance with regard to the accrued Modvat credit on the goods manufactured prior to 10-12-1998 under Notification No. 36/1998? Held that:- The question as framed is answered against the Revenue, and in favour of the assessee, in the manner, that it is held, that even after opting under the Optional Compound Levy Scheme, introduced vide notification dt. 1-7-2001, the petitioner is entitled to avail/utilise the Modvat credit, on the goods, manufactured prior to 10-12-1998, under the notification no. 36/1998, which right was recognised by this Court vide judgment dt. 22-8-2001, on the analogy flowing from sub-para (7) (a) of notification no. 32/2001.
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