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2004 (2) TMI 71 - SUPREME COURTDuty demand - Polyester staple fibre - Held that:- Tribunal notices that the effect of Notification No. 191/85 is that levy of duty is only at one stage i.e. either at the "Tow" stage or at the Polyester Fibre stage - Yet for reasons, un-understandable to us, the Tribunal concludes that accepting the argument of the Revenue would defeat the purpose of the Notification No. 191/85. All that the Revenue is claiming is that duty has to be paid at one stage. Since duty has not been paid at Polyester Fibre stage, it has to be paid at the "Tow" stage. Also the final conclusion of the Tribunal that the Notification No. 76/92 dated 1st July, 1992 has retrospective effect has been arrived at without giving any cogent reasons. This Notification makes no referance to Notification No. 191/85. It is an exemption granted for the first time on 1st July, 1992. Such an exemption can have no retrospective effect unless the Notification itself so specifies. - Decided in favour of Revenue.
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