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    <title>2019 (4) TMI 1457 - CESTAT KOLKATA</title>
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    <description>Accumulated AED(GSI) credit earned before 1 April 2000 was held to remain utilisable and retainable despite a later retrospective amendment restricting such utilisation. The Tribunal applied its earlier decision on the same issue, as approved by the High Courts, and treated the credit as lawfully earned under the then prevailing regime. It further held that the later statutory changes could not justify reversal of a utilisation already made, so the assessee&#039;s credit position had to be restored. On that basis, the demand and penalty were held unsustainable.</description>
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      <description>Accumulated AED(GSI) credit earned before 1 April 2000 was held to remain utilisable and retainable despite a later retrospective amendment restricting such utilisation. The Tribunal applied its earlier decision on the same issue, as approved by the High Courts, and treated the credit as lawfully earned under the then prevailing regime. It further held that the later statutory changes could not justify reversal of a utilisation already made, so the assessee&#039;s credit position had to be restored. On that basis, the demand and penalty were held unsustainable.</description>
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