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2019 (6) TMI 322 - AT - Central ExciseEffective date of the notification - Wrong availment and utilization of CENVAT Credit of Education Cess (EC) and Secondary & Higher Education Cess (SHEC) - credit availed on or after 01.03.2015 but before the issue of notification 12/2015-CE (NT) dated 30.04.2015 - Rule 3(7)(b) of Cenvat Credit Rules, 2004 - HELD THAT:- The notification does not indicate that it is intended to have retrospective application. It is now well settled legal principle that all fiscal statutes and provisions should be treated as if they have only prospective application unless the law specifically indicates otherwise. In this case, not only does the notification not indicate that it will have retrospective application, it also states specifically that it shall come into force from the date of publication in the official gazette which is 30.04.2015. Therefore, the unamended provisions of Rule 3(7)(b) apply prior to 30.04.2015, according to which the appellant could not have utilized Cenvat Credit of EC & SHEC towards payment of Basic Excise Duty. After this date, they could have taken credit of the inputs or capital goods received in the factory on any day after 01.03.2015 and utilize it for the payment of Basic Excise Duty. Appeal dismissed - decided against appellant.
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