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Issues: Whether Sections 11AB and 11AC of the Central Excise Act, 1944, could be applied to a period prior to their commencement so as to sustain interest and penalty for the relevant past period.
Analysis: The period of dispute was April 1993 to March 1996, whereas Sections 11AB and 11AC were inserted by Section 76 of the Finance (No. 2) Act, 1996 and came into force from 28-09-1996. As the offending period preceded the insertion, there was no provision then in force for imposing such penalty or interest. The settled view relied upon was that the provisions operate prospectively and not retrospectively.
Conclusion: The provisions could not be applied to the earlier period, and the request to refer the questions to the High Court was rejected.
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