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2004 (12) TMI 95 - SC - Central ExciseWhether the assessee was entitled to get the benefit of the Notification till Rule 57B was amended? Held that - A bare reading of sub-section (1) of Section 112 shows that no credit is admissible on any duty paid on high speed diesel oil at any time during the period commencing on and from the 16th day of March 1995 and ending with the day the Finance Act 2000 received the assent of the President. The President gave assent on 1st April 2000. It is not in dispute that the period in question comes under the purview of Section 112(1). The contention that Rule 57B was not amended is of no avail since the aforesaid provision provides that notwithstanding anything contained in Rules the credit is not admissible. As Section 112 was not brought to the notice of the Court the appeal of the Revenue was dismissed. In view of this statutory provision the appeal of the Revenue could not have been dismissed since the assessee was not entitled to get the benefit of Rule 57B. Though the assessee is not entitled to the benefit as aforesaid yet we cannot ignore the fact that the aforesaid amendment came into force on 1st April 2000 when the order of the tribunal dated 8th September 1999 in favour of the assessee was holding the field and it is being set aside today by this order. In this view the time to make payment under Section 112(2)(b) has to commence only from today. Further having regard to the facts and circumstances of the case it would be appropriate to set aside the penalty of Rs. 50, 000/- imposed on the assessee by Assistant Commissioner in order dated 22nd September 1998. Thus we allow the Review Petition.
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