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2008 (9) TMI 860 - HC - Central ExciseDeemed Credit earned by the respondent in terms of Notification No. 6/02-C.E. (N.T.), dated 1-3-2002 - whether had not lapsed despite the said notification having been withdrawn vide Notification No. 8/03-C.E. (N.T.) dated 1-3-2003 as decided by Tribunal? Held that:- Even with regard to the proviso to Rule 3 support can be derived from the observations made by the Hon’ble Supreme Court in the case of Eicher Motors Ltd. v. Union of India [1999 (1) TMI 34 - SUPREME COURT OF INDIA] the scheme sought to be introduced cannot be made applicable to the goods which had already come into existence in respect of which the earlier scheme was applied under which the assessees had availed of the credit facility for payment of taxes. Any manner or mode of application of the said rule would result in affecting the rights of the assessees. The Hon’ble Supreme Court further observed that Section 37 of the Act does not enable the authorities concerned to make a rule which cannot be said to be applied to the goods manufactured prior to 16-3-1995 on which duty had been paid and credit facility thereto has been availed of for the purpose of manufacture of further goods. The Court further observed that when on the strength of the rules available certain acts have been done by the parties concerned, incidents following thereto must take place in accordance with the scheme under which the duty had been paid on the manufacture products and if such a situation is sought to be altered, necessarily it follows that right, which had accrued to a party such as availability of a scheme, is affected and, in particular it loses sight of the fact that the provision for facility of credit is as good as tax paid till tax is adjusted on future goods on the basis of the several commitments which would have been made by the assessees concerned. No substantial question of law arises out of the order of the Tribunal. Both these appeals are accordingly dismissed.
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