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2009 (2) TMI 475 - PUNJAB & HARYANA HIGH COURTCenvat / Modvat Credit - on the input use in the manufacture of the embroidery - Modvat Credit taken prior to the amendment to rule 96 ZI but utilized at a later date - operating under the compounded levy scheme as provided under Rule 96 ZH of the Central Excise Rules, 1944 - prohibition which has been incorporated in the rule w.e.f. 2-6-1998 from availing the Modvat Credit on the input use in the manufacture of the embroidery and capital goods came into existence on 2-6-1998 – Held that: - assessee had already paid the taxes on the basis that when the goods are utilized in the manufacture of further products as inputs thereto then the tax on these goods gets adjusted which are finished subsequently - right accrued to the assessee on the date when they paid the tax on the raw materials or the inputs and that right would continue until the facility available thereto gets worked out or until those goods existed - retrospective application of the amended scheme cannot defeat the accrued rights to avail Modvat Credit - accordingly decided in favour of the appellant.
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