2013 (4) TMI 184

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....nvat Credit account once the notification was rescinded, in absence of any transitional provisions?" 3.0 The facts are that on 06.11.2001 the appellant had lodged refund of the accumulated deemed credit of Rs. 8,40,720/in terms of Rule 5 of Cenvat Credit Rules, 2001. The application filed by the appellant was rejected by the Assistant Commissioner, Central Excise by order dated 5th August 2002 on the ground that the credit of specified duty can only be allowed in respect of inputs used in the final products cleared for export under Bond whereas in the respondent's case the goods had been cleared under Annexure-I for the manufacture of export goods and also that the goods had been cleared at nil rate of duty the claimant would not be entitl....

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....sioner by order dated 25th February 2008 held that the appellant has taken credit of the deemed credit in his Cenvat Credit Account wrongly. In appeal filed by the respondent, the Commissioner (Appeals) reversed the findings and held that once the Cenvat Credit amount was refunded by the respondent then they were not entitled to retake the credit. Department filed appeal before the CESTAT which was affirmed by the Tribunal vide order dated 15th October 2010. 5. We have examined the only question raised in this appeal that once Notification No. 53/01CE( NT) dated 29.06.2001 was rescinded by Notification No.6/2002 dated 1st March 2002 which came to be rescinded on 1st March 2003. We have considered the question raised by learned counsel for ....

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.... Hon'ble Supreme Court further observed that Section 37 of the Act does not enable the authorities concerned to make a rule which cannot be said to be applied to the goods manufactured prior to 16-3-1995 on which duty had been paid and credit facility thereof has been availed of for the purpose of manufacture of further goods.The Court further observed that when on the strength of the rules available certain acts have been done by the parties concerned, incidents following thereto must take place in accordance with the scheme under which the duty had been paid on the manufacture products and if such situation is sought to be altered, necessarily it follows that right, which had accrued to a party such as availability of a scheme, is affecte....