Non-retroactivity of deemed credit amendment affirmed; prior credits governed by earlier order, recoverable only on case facts. The amendment removing deemed credit for wastes and scraps of certain metals is not retrospective and applies only from its effective date; credits allowed before that amendment remain governed by the earlier order. Collectors may recover only those credits that, on the facts of a particular case, are found recoverable under the earlier order, and must not demand blanket recovery of all previously availed credits based solely on the later amendment.
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.
Non-retroactivity of deemed credit amendment affirmed; prior credits governed by earlier order, recoverable only on case facts.
The amendment removing deemed credit for wastes and scraps of certain metals is not retrospective and applies only from its effective date; credits allowed before that amendment remain governed by the earlier order. Collectors may recover only those credits that, on the facts of a particular case, are found recoverable under the earlier order, and must not demand blanket recovery of all previously availed credits based solely on the later amendment.
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