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Issues: Whether credit of AED (GSI) could be availed in respect of inputs on which duty was paid prior to 1-4-2000, in view of the retrospective amendment to the Cenvat Credit Rules, 2002.
Analysis: Clause 88 of the Finance (No. 2) Act, 2004 amended Rule 3(6)(b) of the Cenvat Credit Rules, 2002 retrospectively and substituted the Explanation so as to permit utilization of credit of additional duty of excise only where such duty was paid on or after 1-4-2000. The explanatory notes also stated that credit taken on inputs on which duty had been paid before 1-4-2000 would be recoverable, and that only credit relating to duty paid on or after that date would be eligible. The disputed period being prior to 1-4-2000, the credit claimed did not fall within the permitted category.
Conclusion: Credit of AED (GSI) on inputs on which duty was paid prior to 1-4-2000 was not admissible.
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