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2009 (9) TMI 658 - HC - Central ExciseWhether the clause (I) to Rule 57AE of the Rules introduced by the Notification No. 51/2000-C.E. (N.T.), dated 29-8-2001 is clarificatory and procedural in nature and has retrospective application - Whether a certificate issued under Rule 57E for differential duty is a valid document when Rule 57E was not in existence during material time - Whether, in the facts and circumstances of the case, the Tribunal was in error in holding that the assessee was entitled to take modvat credit on the basis of the supplementary invoices and certificates under Rules 57E during April 2000 to August 2000 - Under Section 35-G of the Central Excise Act, which came into force with effect from 14-5-2003 by substitution of the earlier provision by Act No. 32 of 2003, straight away, a provision for an appeal has been made in the statute from every order passed in appeal by the Appellate Tribunal on or after 1st July 2003, appellant submits that the issue involved in this case is covered against the revenue in the case of Home Ashok Leyland Limited, (2007 -TMI - 47977 - SUPREME COURT OF INDIA), reference case petition is dismissed
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