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    <title>2015 (1) TMI 30 - CESTAT NEW DELHI</title>
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    <description>Rule 3(5B) of the Cenvat Credit Rules, 2004 was held applicable to a provision for write-off carried forward into periods when the rule was in force, even though the provision was first created before 11.05.2007. However, the 01.03.2011 amendment expanding the rule to cover partial write-off and provision for partial write-off was held to be prospective only and not retrospective. If the assessee&#039;s entries represented only a partial write-off, the amended rule could not support reversal for the earlier period. The matter was therefore sent back for fresh adjudication on the nature of the write-off and related merits.</description>
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      <link>https://www.taxtmi.com/caselaws?id=254831</link>
      <description>Rule 3(5B) of the Cenvat Credit Rules, 2004 was held applicable to a provision for write-off carried forward into periods when the rule was in force, even though the provision was first created before 11.05.2007. However, the 01.03.2011 amendment expanding the rule to cover partial write-off and provision for partial write-off was held to be prospective only and not retrospective. If the assessee&#039;s entries represented only a partial write-off, the amended rule could not support reversal for the earlier period. The matter was therefore sent back for fresh adjudication on the nature of the write-off and related merits.</description>
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