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    <title>2009 (8) TMI 94 - CESTAT, CHENNAI</title>
    <link>https://www.taxtmi.com/caselaws?id=35036</link>
    <description>Modvat credit on differential duty paid by the supplier was held unavailable where the buyer&#039;s entitlement arose only after Rule 57E(3) had come into force. Rule 57A created the substantive credit right, but Rule 57E governed the procedure and the conditions for adjustment, and the amended sub-rule expressly restricted credit in cases involving fraud, suppression or intent to evade duty. Applying the principle that an amendment affecting entitlement operates prospectively unless clearly made retrospective, the relevant law was the one in force when the credit was claimed. The denial of the disputed differential credit was therefore sustained.</description>
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    <pubDate>Wed, 05 Aug 2009 00:00:00 +0530</pubDate>
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      <title>2009 (8) TMI 94 - CESTAT, CHENNAI</title>
      <link>https://www.taxtmi.com/caselaws?id=35036</link>
      <description>Modvat credit on differential duty paid by the supplier was held unavailable where the buyer&#039;s entitlement arose only after Rule 57E(3) had come into force. Rule 57A created the substantive credit right, but Rule 57E governed the procedure and the conditions for adjustment, and the amended sub-rule expressly restricted credit in cases involving fraud, suppression or intent to evade duty. Applying the principle that an amendment affecting entitlement operates prospectively unless clearly made retrospective, the relevant law was the one in force when the credit was claimed. The denial of the disputed differential credit was therefore sustained.</description>
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      <pubDate>Wed, 05 Aug 2009 00:00:00 +0530</pubDate>
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