https://www.taxtmi.com/caselaws?id=429022 The 2007 proviso added to Rule 3(5) of the CENVAT Credit Rules, 2004 was treated as clarificatory and retrospective because it carried forward the position found in the 2002 Rules and reflected the earlier Rule 57-S(2)(b) framework for reducing credit on removal of used capital goods. The omission of the proviso from the 2004 Rules was viewed as a legislative slip, so the amendment restored the intended operation of the rule from the time the 2004 Rules commenced. As a result, the proviso applied to removal of used capital goods made in 2005, and the assessee was entitled to its benefit. en-us Thu, 25 Aug 2022 00:00:00 +0530 Mon, 17 Oct 2022 05:05:35 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=429022 The 2007 proviso added to Rule 3(5) of the CENVAT Credit Rules, 2004 was treated as clarificatory and retrospective because it carried forward the position found in the 2002 Rules and reflected the earlier Rule 57-S(2)(b) framework for reducing credit on removal of used capital goods. The omission of the proviso from the 2004 Rules was viewed as a legislative slip, so the amendment restored the intended operation of the rule from the time the 2004 Rules commenced. As a result, the proviso applied to removal of used capital goods made in 2005, and the assessee was entitled to its benefit. Case-Laws Central Excise Thu, 25 Aug 2022 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=429022