TaxTMI 
TaxTMI 
2014 (9) TMI 633
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.... James, Adv, Sri. Harish. V.S., Adv., for DNS Law House, Sri. B. G. Chidananda Urs, Adv., Sri. B.N. Gururaj, Adv. JUDGEMENT Per: N Kumar: In all these appeals, the common question of law that arises for consideration is, Whether the amendment to the Cenvat Credit Rules 2004, by substituting clause(i) of sub-rule (6) of Rule 6 of Cenvat Credit Rules 2004 by way of notification No.50/2008-C.E (N.T.) dated 31.12.2008 is prospective in operation or retrospective? Therefore, all these cases are taken up together and disposed of by this common order. 2. For proper understanding, we have set out the facts in CEA.No.29 and 59 of 2012. 3. The assessee M/s.Fosroc Chemicals (India) Pvt. Ltd., is having its registered office ....
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....of section 11AC of the Central Excise Act, 1944 read with Rule 15(2) of the Cenvat Credit Rules 2004 along with interest and penalty. Aggrieved by the said order, the assessee preferred appeal before the CESTAT, Bangalore. The appeal was allowed by the Tribunal relying upon the decision of the Bench in SUJANA METAL PRODUCTS vs. CCE, Hyderabad (2011 (273) ELT 112 (Tribunal Bangalore) by holding that it squarely covered the issue in favour of the respondent. The Tribunal held that the said amendment to Rule 6(6) by Notification No.50/2008-CE is clarificatory in nature and therefore retrospective. As such, the assessee is entitled to the said benefit. Aggrieved by the said order, the revenue has preferred these appeals. 4. The question that....
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....se Act, 1944 (1 of 1944) and section 94 of the Finance Act, 1994 (32 of 1994), the Central Government amended the Cenvat Credit Rules, 2004 by issue of a notification as under:- Notification: 50/2008-C.E. (N.T.) dated 31-Dec-2008 Cenvat Credit Rules, 2004 - Third amendment of 2008 In exercise of the powers conferred by section 37 of the Central Excise Act, 1944 (1 of 1944) and section 94 of the Finance Act, 1994 (32 of 1994), the Central Government hereby makes the following rules further to amend the CENVAT Credit Rules, 2004, namely:- 1. (1) These rules may be called the CENVAT Credit (Third Amendment) Rules, 2008. (2) They shall come into force on the date of their publication in the Official Gaz....
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....earlier, then the earlier Act must thereafter be read and construed (except where that would lead to a repugnancy, inconsistency or absurdity) as if the altered words had been written into the earlier Act with pen and ink and the old words scored out so that there is no need to refer to the amending Act at all." 10. Yet another Constitution Bench of the Hon'ble Supreme Court in the case of SHYAM SUNDER & Others vs. RAM KUMAR & Another reported in AIR 2001 SC page 2472, while dealing with the question whether a substituted provision necessarily means the amended provision is retrospective in nature has held as under: "A substituted section in an Act is the product of an amending Act and all the effects and consequences that follo....
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....en taken away nor any penal consequence has been imposed. Only an obvious mistake was sought to be removed thereby. 17. There cannot furthermore be any doubt whatsoever that when a person is held to be eligible to obtain the benefits of an exemption notification, the same should be liberally construed." 13. The Parliament has enacted the Special Economic Zones Act 2005 (The SEZ Act for short) to provide for the establishment, development and management of the Special Economic Zones for the promotion of exports and for matters connected therewith or incidental thereto. Section 53 of the Act declares that a special economic zone shall, on and from the appointed day, be deemed to be a territory outside the customs territory of Indi....