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2017 (10) TMI 338 - CESTAT BANGALOREValuation - Benefit of N/N. 9/2003-CE dated 1.3.2002 - retrospective effect of notification - Held that: - the relevant N/N. 67/2003-CE dated 11.8.2003 amending the N/N. 9/2003-CE dated 1.3.2003 came into effect only from 11.8.2003. Therefore, as per computation of aggregate value of clearance of all excisable goods for home consumption manufactured by the appellant exceeds ₹ 300 lakhs for the preceding financial year. Consequently, the appellant is not entitled to the benefit of N/N. 9/2003-CE dated 1.3.2003. The Hon’ble Kerala High Court in the case of CCE & C, Cochin vs. Midas Pre-Cured Tread (P) Ltd. [2008 (6) TMI 218 - HIGH COURT OF KERALA AT ERNAKULAM] on this issue has clearly held that applicability of benefit of Notification is to be made with effect from the date on which the subject Notification comes into force. The Hon’ble Kerala High Court in this case has held that the Tribunal or even the High Court has no power to grant retrospective benefit of the Notification in the interpretation process, unless it is so provided in the Notification itself. Appeal dismissed - decided against appellant.
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