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2012 (10) TMI 415 - HC - Central ExciseCenvat Credit - retrospective amendment or prospective amendment - The question was as to whether the Appellant had failed to reverse an amount equivalent to ten percent of the value of the goods from the Cenvat Credit account in relation to goods cleared to SEZ Developers. - Held that:- Tribunal in its impugned order has observed that prima facie the amendment by the notification dated 31 December 2008 could not be retrospective since it was not clarificatory. However, tribunal in Sujana Metal Products Pvt. Ltd. - (2011 (9) TMI 724 - CESTAT, BANGALORE) has taken the view therein that the amendment by the notification dated 31 December 2008 is clarificatory and hence retrospective in nature. Matter remanded to Tribunal for fresh consideration
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