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    <title>2005 (9) TMI 482 - CESTAT, MUMBAI</title>
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    <description>Modvat credit was considered admissible on inputs used in final products cleared without duty to a 100% export oriented unit, because the amendment to Rule 57C by Notification No. 4/92-C.E. (N.T.) was treated as clarificatory and therefore retrospective. The dispute centred on whether the newly inserted exception for such clearances applied to earlier transactions. The Commissioner (Appeals) accepted retrospective operation of the amendment, and the Department&#039;s challenge was confined to that point. The result was that credit eligibility was upheld on the basis that the amendment operated retrospectively.</description>
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      <title>2005 (9) TMI 482 - CESTAT, MUMBAI</title>
      <link>https://www.taxtmi.com/caselaws?id=117097</link>
      <description>Modvat credit was considered admissible on inputs used in final products cleared without duty to a 100% export oriented unit, because the amendment to Rule 57C by Notification No. 4/92-C.E. (N.T.) was treated as clarificatory and therefore retrospective. The dispute centred on whether the newly inserted exception for such clearances applied to earlier transactions. The Commissioner (Appeals) accepted retrospective operation of the amendment, and the Department&#039;s challenge was confined to that point. The result was that credit eligibility was upheld on the basis that the amendment operated retrospectively.</description>
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