TMI Blog1995 (11) TMI 178X X X X Extracts X X X X X X X X Extracts X X X X ..... rder per : S. Kalyanam, Vice President]. Since a common issue arises in both the appeals, they are taken up together and disposed of by a common order. 2. The appellants are manufacturers of plastic cups, containers etc. and proceedings were instituted against the appellants on the ground that the appellants should have availed of the benefit of exemption Notification 53/88, dated 1-3-1988 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e benefit of exemption notification or not to avail of the same and take credit on the inputs suffered by paying duty on the final product. 4. Heard Shri Arulswamy, the learned DR. 5. On going through the entire records, we find that the plea [convassed] is covered by the ruling of the East Regional Bench in the case cited supra. where the Bench has held as under : 5.8 The question can be ex ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... is final product is not liable to pay duty, at all benefit of Modvat Credit of duty paid on inputs will not be available to him, and on the other, if he wants to pay duty on final product, benefit of Modvat Credit of duty paid on inputs cannot be denied to him. It does not require an authority to say that if a person has a choice of one of the two benefits available to him, it is his option which ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... fully exempted, Modvat Credit cannot be allowed. Relevant portion of Rule 57C is reproduced below :- 57C. No credit of the specified duty paid on the inputs used in the manufacture of a final product...shall be allowed if the final product is exempt from whole of duty of excise leviable thereon... He submits that the wording of Rule 57C does not use the expression that no Modvat Credit shal ..... X X X X Extracts X X X X X X X X Extracts X X X X
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