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2005 (11) TMI 72 - SC - Central ExciseDuty Demand - Held that:- when the goods have been cleared on the basis of approved classification list, the demand can only be prospective and Tribunal consequently set aside the demand as unsustainable - The amended Act was challenged and this Court in ITW Signode India Limited v. Collector of Central Excise reported in [2003 (11) TMI 114 - SUPREME COURT OF INDIA] upheld the constitutional validity of the Amending Act i.e. Finance Act, 2000 amending Section 11A of the Act. Resultantly the duty could be levied retrospective as well - Since the law laid down by this Court in Cotspun Limited's case (1999 (9) TMI 87 - SUPREME COURT OF INDIA) is no longer a good law, the order passed by the Tribunal has to be set aside - case is remitted to the Tribunal - Decided in favour of Revenue.
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