2020 (1) TMI 1617

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....hat the invoices were issued during April to June, 2014. The amendment prescribing the limit for availing credit within 6 months was introduced on 01/09/2014. The credit was taken in January, 2015. He further pointed out that in the limit for availing credit was changed from one year to six months on 01/03/2015. Learned Counsel pointed out that the matter is examined by Hon'ble High Court of Delhi in the case of Global Ceramics Pvt. Ltd. 2019 (26) G.S.T.L. 470 (Del.) and it has been held that in these circumstances, credit cannot be denied for the invoices issued prior to 01/09/2014 when the time limit for availing the Cenvat Credit introduced. 3. Learned Authorised Representative relies on the impugned order. 4. I have considered rival s....

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.... held as under : "11. Now it is a well-settled rule of interpretation hallowed by time and sanctified by judicial decisions that, unless the terms of a statute expressly so provide or necessarily require it, retrospective operation should not be given to a statute so as to take away or impair an existing right or create a new obligation or impose a new liability otherwise than as regards matters of procedure. The general rule as stated by Halsbury in Volume 36 of the Laws of England (Third Edition) and reiterated in several decisions of this court as well as English Courts is that - "all statutes other than those which are merely declaratory or which relate only to matters of procedure or of evidence are prima facie prospective and re....