Retrospective withdrawal of excise duty exemption defeats claimed deduction despite prior reliance and pricing assumptions.

Retrospective amendment withdrew the excise duty exemption on turnover from an earlier date, so the benefit was treated as never having operated from that date. The assessee could not retain the deduction merely because the Tribunal had decided the matter before the amendment or because sale prices were fixed on the assumption that the allowance would continue. Hardship caused by retrospective legislation did not alter the plain statutory effect. The claimed exemption or deduction was therefore unavailable, and the Revenue's objection prevailed.

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Issues: Whether the assessee was entitled to claim exemption or deduction in respect of excise duty on the turnover after the retrospective withdrawal of that benefit by the amending Act.

Analysis: The retrospective amendment withdrew the exemption for excise duty with effect from an earlier date, with the result that the statutory provision granting such benefit was to be treated as never having operated from that date. The challenge to the assessment could not succeed merely because the Tribunal had decided the matter before the amendment or because the assessee had fixed sale prices on the assumption that the deduction would be available. Hardship arising from retrospective legislation could not control the plain effect of the statutory change.

Conclusion: The assessee was not entitled to the claimed exemption or deduction, and the Revenue's objection succeeded.

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