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2018 (3) TMI 611
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....ondent ORDER Per: Ms. Archana Wadhwa After hearing both the sides, I find that the appellant who is engaged in manufacture of cement and clinker was availing the benefit of Cenvat credit of duty in respect of various raw materials received from 100% EOU. They were entitled to the credit amount calculated in terms of a formula prescribed under Rule 3(7) (a) of the Cenvat Credit Rules, 2000....
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....ng excess benefit to the industry should be held as retrospective in nature. However, the said plea of the assessee was not accepted by Commissioner (Appeals). For better appreciation, the notification as also the findings of the appellate authority are reproduced below: "Notification No.48/2008-CE(NT) dated 5.12.2008 is reproduced below for the sake of clarity on the above issue:- "Ce....
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.... that the above amendment is applicable w.e.f. 5.12.2008 and it has not been given any retrospective effect as is clear from the plain reading of the above notification. Therefore, the cases cited by the appellant regarding retrospective benefit to them are not applicable in this case as the changes in the rule are applicable only with effect from 5.12.2008. The appellant was procuring Pet Coke fr....
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...., 2004, in respect of the input pet coke received from the EOUs and in this case it is an admitted fact that the appellant had received petcock from EOU M/s Reliance Industries Limited." Accordingly, he rejected the appeal. 5. The same submissions stand advanced before the Tribunal. However, on going through the order of Commissioner (Appeals), I find that there is no dispute about the fact ....