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2019 (7) TMI 1696 - CESTAT, NEW DELHICENVAT Credit - SAD - whether the Cenvat credit taken by the appellant with respect to SAD on 20-1-2015, by virtue of Bill of Entry dated 22-5-2014, whether the same is not permissible under proviso to Rule 4(1) of Cenvat Credit Rules, which have been introduced vide Notification No. 21/2014-C.E. (N.T.), dated 11-7-2014 w.e.f. 1-9-2014? - HELD THAT:- The said proviso have been introduced w.e.f. 1-9-2014 and there is no stipulation in the amending notification that the same shall apply retrospectively. Rules of interpretation provide that whenever any statute is newly added the same has got only prospective effect unless it is specifically provided in the amending statute or the amendment is by way of substitution of an existing provision mainly by way of clarification or removal of defects. Accordingly, the said proviso in Rule 4(1) of Cenvat Credit Rules has got only prospective effect. Thus, the appellant has taken credit rightly on 20-1-2015 on the basis of Bill of Entry dated 22-5-2014 - appeal allowed - decided in favor of appellant.
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