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    <title>2006 (2) TMI 197 - CESTAT, MUMBAI</title>
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    <description>A proviso inserted in Rule 57F(4) by Notification No. 11/95-C.E. was considered on its temporal operation. The proviso expanded the scope of credit utilisation and added a further condition concerning receipt and use of inputs. Such an amendment is retrospective only if it merely clarifies a benefit already available under the existing rule; prior decisions that did not address retrospective effect were not determinative. The amendment was therefore treated as not retrospective, and the reference was answered against retrospective application of the proviso.</description>
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      <link>https://www.taxtmi.com/caselaws?id=49040</link>
      <description>A proviso inserted in Rule 57F(4) by Notification No. 11/95-C.E. was considered on its temporal operation. The proviso expanded the scope of credit utilisation and added a further condition concerning receipt and use of inputs. Such an amendment is retrospective only if it merely clarifies a benefit already available under the existing rule; prior decisions that did not address retrospective effect were not determinative. The amendment was therefore treated as not retrospective, and the reference was answered against retrospective application of the proviso.</description>
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