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TMI Blog2011 (2) TMI 479X X X X Extracts X X X X X X X X Extracts X X X X ..... eriod January 1991 to July 1991 on the ground that as their final product was exempted, though they have cleared it on payment of duty, they were not entitled to avail the modvat credit - in the case of CCE Vadodara Vs. Narmada Chematur Pharmaceuticals Ltd. (2004 -TMI - 47174 - SUPREME COURT OF INDIA). It was held by the Hon ble Court that when amount of cenvat/modvat credit wrongly availed is exa ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... No.53/88-CE dated 01.03.88. However the appellant instead of claiming the exemption, chose to clear their final product on payment of duty, after availing modvat credit of duty paid on the inputs. 3. Proceedings were initiated against them by way of issuance of a show cause notice dated 01.12.95 proposing to deny the modvat credit availed by them during the period January 1991 to July 1991 on ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... not to refer to the same. We further note that the Gujarat High Court in a recent decision in the case of CCE C Vadodara Vs. Jayant Oil Mills reported in 2009 (91) RLT 440 (Guj.) has held that it is the option of the assessee to pay tariff rate of duty and he cannot be forced to claim exemption. To the same effect is the Hon ble Supreme Court s judgment in the case of CCE Vadodara Vs. Narmada C ..... X X X X Extracts X X X X X X X X Extracts X X X X
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