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2019 (5) TMI 969 - AT - Central ExciseEffect of Notification - N/N.16/2009 dated 07 July, 2009 - Retrospective or Prospective effect - CENVAT Credit - capital goods - MS angles, channels, section, etc. - period from May 2007 to June 2009 - whether N/N. 16/2009 dated 07 July, 2009 can be made applicable retrospectively, the period for demand in the impugned Appeal being from May 2007 to June 2009, i.e., prior the impugned Notification? - HELD THAT:- Clause 1(1) of the Notification reads that the amended Rules shall be called Cenvat Credit (Amendment) Rules, 2009. Rule 1(2) reads that these Rules shall come into force on the date of their publication in the Official Gazette. It is apparent from the Notification that it was published in the Gazette on 07 July, 2009 itself. The bare perusal makes it clear that the intention of legislature while incorporating the amendments in Cenvat Credit Rules, 2004 was for the Notification to take effect from the date of it being officially gazetted. The Circular dated 08 July, 2010 as relied upon by the Department to give this Notification a retrospective effect is not binding and in fact cannot be looked into in view of the statute itself. The Order under challenge holding the Notification to apply retrospectively is hereby set aside - appeal allowed - decided in favor of appellant.
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