2001 (6) TMI 76

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.... Wadhwa, Member (J)]. - The issue referred to the Larger Bench is as regards the continuation of the Modvat cases after the repeal of Modvat Rules on 1-4-2000 without any saving provision. Para 7 of the Referal Bench Order is mentioned below :- "7. At present, the Central Excise Act under which the erstwhile Modvat Rules had been made does not contain any provision saving any actions initiated un....

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....same shall be deemed to have been inserted on or from 28th day of February, 1944. The effect of insertion of the said section is to the effect that repeal of Modvat provisions w.e.f. 1-4-2000 will not affect the previous operation of the rules and the right, privilege, obligation or liability acquired, accrued or incurred or incurred under the said repealed rules. For better appreciation the said ....

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....rder so amended, repealed, superseded or rescinded; or (d) affect any penalty, forfeiture or punishment incurred in respect of any offence committed under or in violation of any rule, notification or order so amended, repealed, superseded or rescinded; or (e) affect any investigation, legal proceeding or remedy in respect of any such right, privilege, obligation, liability, penalty, forfeiture ....