2006 (11) TMI 42

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.... Member (J)]. - This appeal of the Department is against an order passed by ld. Commissioner of Customs (Appeals) giving retrospective operation to Notification No. 96/2004-Cus. dated 17-9-2004 in relation to the Modvat credit of CVD taken on the goods imported by the respondents. Early posting of the appeal for hearing was allowed by this Bench after hearing both sides as per an order dated 6-6-2....

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....Commissioner (Appeals). Hence the present appeal of the Revenue. The above stand of the Department has been approved by the Tribunal's Larger Bench in the case of Essar Steel Ltd. v. CCE, Vishakhapatnam [2004 (173) E.L.T. 239 (Tri. LB)]. Ld. Commissioner (Appeals), in the impugned order, took the view that Notification No. 96/2004-Cus. ibid permitting Modvat credit of CVD on imports of the above k....

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....national Private Ltd [2006-TIOL-70-SC-IT-CB], wherein a Constitution Bench of the Supreme Court answered the following question in the affirmative : "For the amendment of a statute to be construed as being retrospective, should not the amended provision itself indicate, either in terms or by necessary implication, that it is to operate retrospectively?" 3.In view of the settled legal positio....