Retrospective excise exemption applied to an amended notification, securing set-off benefit under the exemption scheme.

Notification No. 338/86-C.E., amending Notification No. 225/86-C.E., was treated as part of the same retrospective exemption scheme under the Central Duties of Excise (Retrospective Exemption) Act, 1986. Because earlier excise notifications had already been given retrospective effect from 1-3-1986 under section 2 of that Act, the amended notification was considered to stand on the same footing. Its retrospective operation therefore entitled the assessee to the corresponding set-off benefit.

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Issues: Whether Notification No. 338/86-C.E., which amended Notification No. 225/86-C.E., was entitled to retrospective operation and consequent set-off benefit under the Central Duties of Excise (Retrospective Exemption) Act, 1986.

Analysis: The notification in question was treated as an amendment to Notification No. 225/86-C.E. The same statutory scheme had already been applied to earlier excise notifications, where retrospective effect from 1-3-1986 was recognised by virtue of Section 2 of the Central Duties of Excise (Retrospective Exemption) Act, 1986. On that basis, the amended notification was held to stand on the same footing as the earlier notifications that had been given retrospective effect.

Conclusion: The amended notification was held to have retrospective operation and the assessee was entitled to the set-off benefit.

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