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2011 (8) TMI 990 - CESTAT AHMEDABAD100% EOU - exit from EOU scheme to EPCG scheme - Duty demand - demand after calculation of depreciation - Method of calculation - Whether the method for calculation of depreciation prescribed under amending Notification No. 14/2004-C.E. and Notification No. 40/2004-Cus., both dated 26-2-2004 is applicable in this case - Held that:- Sections 21 and 24 of the General Clauses Act are not relevant, as far as this case is concerned. In fact, when a later statute incorporates by reference the provisions of an earlier statute, a repeal of amendment of the earlier statutes does not affect the later statute or provisions incorporated therein. This Rule is subject to the qualification enacted in Section 8, General Clauses Act, which in itself is a Rule of general application. (National Sewing Thread Co. v. James Chadwick & Bros. - [1953 (5) TMI 13 - SUPREME COURT]). Therefore, the method of calculation adopted by the Revenue is held to be incorrect - It cannot be denied that the demand was made within the stipulated period of 1 year without invoking the extended period - Decided against assessee.
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