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2011 (11) TMI 540 - AT - Central ExciseAvailment of CENVAT Credit - One of the inputs on which Cenvat credit was availed by them was steel wire falling under Sub-heading No. 7217.90 of the Central Excise Tariff - Revenue contends that since no excise duty was payable on the wires used by the Respondent as input they could not have taken Cenvat credit of amount paid as duty on the said items - Held that:- Government of India has enacted the Taxation Laws (Amendment) Act, 2006 with effect from 13-7-2006 to give legal backing to excise duty paid by wire drawing units on wires drawn from wire rods during the period 29-5-2003 to 8-7-2004 and has issued Circular No. 831/18/2006-CX., dated 26-7-2006 advising that all demands of the nature being dealt with in this Appeal should be decided, considering the retrospective legislation made by the Government - We have gone through the said retrospective legislation and the circular dated 26-7-2006 issued by C.B.E. & C. and we find that the demand confirmed by the Adjudicating Authority against Respondents in this case cannot survive in view of the said retrospective amendment - Decided against Revenue.
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