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2010 (3) TMI 60 - HC - Central ExciseCenvat Credit – Amendment in rule 9A - Transitional provisions for Textile and Textile Articles. – demand on the basis of amended provision much after the date of availing cenvat credit – held that - The argument of learned counsel for the revenue that since the amount of cenvat credit is required to be calculated as per the amended provisions of Notification No.47/2003-CE dated 17.5.2003, so the assessee availed the same in excess, is not only devoid of merit but misplaced as well, because entry at Serial No.2 of the Table was only substituted on 17.5.2003, much after the availing of the cenvat credit by the assessee on inputs lying in stock as on 31.3.2003. - It is now well settled proposition of law that such benefit already granted to the assessee cannot possibly be withdrawn by applying the subsequent amendment retrospectively. If the intention of the authority was to apply the subsequent amendment retrospectively, then it ought to have been specifically mentioned that it will operate retrospectively. In the absence of the same, such amendment would operate prospectively. Moreover, the benefit already granted to the assessee under the statutory Rule 9A(3) cannot be taken away by issuance of notification by the subordinate legislation, because the subordinate legislation has neither any power nor jurisdiction to issue such notification with retrospective effect withdrawing the benefit already accrued and availed by it (assessee).
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