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    <title>2011 (8) TMI 904 - CESTAT, CHENNAI</title>
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    <description>Refund of service tax drawback for exports made in April to June 2008 was not available because Notification No. 41/2007-S.T., then in force, required that no drawback of service tax be availed on the exported goods. The later amendment dated 7-12-2008 deleting that condition was held not to operate retrospectively, as a fiscal notification is ordinarily prospective unless the amendment is clearly clarificatory. Applying the amended position to earlier exports would impermissibly enlarge the refund benefit for past transactions. The Revenue&#039;s appeals were therefore allowed.</description>
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      <title>2011 (8) TMI 904 - CESTAT, CHENNAI</title>
      <link>https://www.taxtmi.com/caselaws?id=211507</link>
      <description>Refund of service tax drawback for exports made in April to June 2008 was not available because Notification No. 41/2007-S.T., then in force, required that no drawback of service tax be availed on the exported goods. The later amendment dated 7-12-2008 deleting that condition was held not to operate retrospectively, as a fiscal notification is ordinarily prospective unless the amendment is clearly clarificatory. Applying the amended position to earlier exports would impermissibly enlarge the refund benefit for past transactions. The Revenue&#039;s appeals were therefore allowed.</description>
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