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2023 (7) TMI 945 - AT - Central ExciseReversal of CENVAT Credit - supplies made to SEZ - Liability of demand of an amount equal to 10% value of cement supplied to SEZ developers - Retrospective effect of amendment made in Rule 6(6)(i) of Cenvat Credit Rules, 2004 vide Notification No. 50/2008-CE(NT) dated 31.12.2008 or not - HELD THAT:- From the amendment in Rule 6(6)(i) of Cenvat Credit Rules, 2004, it can be seen that amendment is by way of substitution in Rule 6 (6)(i) of Cenvat Credit Rules, 2004. It is settled law that any amendment brought by way of substitution is treated as if the said amendment was existing even prior to the date of amendment and accordingly the benefit of said amendment can be extended for the past period retrospectively. Moreover, in the present case, the supplies made to SEZ is always considered as export therefore, against the export demand equal to 10% value of goods supplied to SEZ is otherwise not sustainable. The issue is no longer res-integra as the same has been decided in favour of the assessee - Appeal of Revenue dismissed.
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