Whether Explanation to Rule 57A of Central Excise Rules, 1944 substituted by Notification No. 197/86, dated 14-3-1986 can be given retrospective effect - Regarding
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Modvat credit clarified: retrospective application permits credit on captively manufactured inputs from the rule's commencement. The explanation clarifies that Modvat credit is admissible on inputs manufactured in a factory and captively used for the manufacture of final products specified under the relevant notification; it makes explicit what the unamended rule already permitted and is to be applied from the rule's commencement, enabling settlement of pending cases and instructing field formations to act accordingly.
Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
Provisions expressly mentioned in the judgment/order text.
Modvat credit clarified: retrospective application permits credit on captively manufactured inputs from the rule's commencement.
The explanation clarifies that Modvat credit is admissible on inputs manufactured in a factory and captively used for the manufacture of final products specified under the relevant notification; it makes explicit what the unamended rule already permitted and is to be applied from the rule's commencement, enabling settlement of pending cases and instructing field formations to act accordingly.
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