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2014 (12) TMI 730 - AT - CustomsWaiver of pre deposit - Rate of duty on export of hot rolled and cold rolled products - Notification No. 66/2008-Cus, dated 10.5.2008 - Exemption from duty as Notification amended by Notification 77/2008-Cus. Dated 13.6.2008 whereby nil rate of duty has been prescribed - Retrospective effect of notification or prospective - Held that:- If the argument of the applicant is accepted, then the increased rate of duty is to be also with retrospective in nature which is not permissible in view of the provisions of Section 16 of the Customs Act. Section 16 of the Customs Act provides the rate of duty and tariff valuation, if any, applicable to the export goods, shall be the rate and valuation in force on the date on which the proper officer makes an order permitting clearance and loading of the goods for export. Applicant relied upon the decision of the Hon'ble Supreme Court in the case of WPIL Ltd. (2005 (2) TMI 137 - SUPREME COURT OF INDIA), where in view of the policy of the Government to grant exemption to the parts used in the factory, the subsequent Notification was considered as clarificatory in nature. The facts in the present case are not parallel to the facts of the case before the Hon'ble Supreme Court hence the ratio of the above decision is not applicable to the facts of the present case - partial stay granted.
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