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2018 (9) TMI 200 - HC - Central ExciseCENVAT Credit alongwith Education Cess - Section 11A(1) of the Central Excise Act, 1944 - Capital Goods - it was pointed out that depreciation of capital goods availed under Section 32 of the Income Tax Act, 1961 cannot be availed as Cenvat credit and therefore, the said amount should be reversed - Rule 14 of the CCR, 2004 - extended period of limitation. Held that:- Firstly, the Revenue did not dispute the fact that the assessee is an S.S.I. and has not availed the Cenvat credit and the credit remains as an entry in the books. Therefore, on facts, it will be a very hard case for the Court to reverse the decision of the Tribunal, especially when the Revenue does not dispute the factual position. Amendment to Rule 14 of the CCR, 2004 - Held that:- The amendment can have no impact on the present proceedings, as admittedly, the period in question is between July, 2008 to March, 2009. In any event, the amendment cannot be treated to have retrospective effect and an amendment to a statute, which has been given prospective effect, cannot be used as an aid to interpret the statutory provision, which existed prior to the amendment, unless and until it is held to be clarificatory - No such argument was advanced to state that the amendment to Rule 14 of the CCR, 2004 was clarificatory in nature. Appeal dismissed - decided against Revenue.
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