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of <h1>Retrospective Amendment Validates Rule 16 CENVAT Credits for Returned Goods; No Penalties for Pre-2006 Actions</h1> Under Rule 16 of the Central Excise Rules, 2002, when goods on which duty has been paid are returned to a factory for processes like re-making or refining, the assessee can claim CENVAT credit as if these goods were inputs. If the process does not constitute manufacturing, the manufacturer must repay the CENVAT credit. A retrospective amendment by the Taxation Laws (Amendment) Act, 2006, validates actions taken between May 29, 2003, and July 8, 2004, under this rule, including provisions for wire drawing units to claim CENVAT credit. The amendment ensures no penalties for actions that would not have been punishable before its enactment.
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