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2006 (3) TMI 149 - SC - Central ExciseDuty demand - Revision of approved classification list - Held that:- Revenue contends that the decision in Cotspun (1999 (9) TMI 87 - SUPREME COURT OF INDIA) was no longer good law after the change effected by virtue of the amendment to the Finance Act, 2000 - In that case the amendment to Section 11A effected by the Finance Act, 2000 was challenged. The amendment sought to create jurisdiction in the authorities to recover duties short levied despite the fact that classification had been approved by the Department during this period with retrospective effect from 17-11-1980. In other words, the basis of the principle enunciated in Cotspun was removed so that the ratio of the judgment would cease to apply for the period covered by the amended Sec. 11A. - In that view of the matter the order of the Tribunal insofar as it quashed the demands of duty prior to the date of the issuance of the show cause notice on the basis of the decision in Cotspun must be set aside. However, if the respondent becomes liable to duty it will be open to the respondent to claim the benefit of any exemption which it might be entitled under the law - Decided partly in favour of Revenue.
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