Home Case Index All Cases Central Excise Central Excise + AT Central Excise - 2022 (4) TMI AT This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2022 (4) TMI 199 - AT - Central ExciseDenial of benefit of exemption under N/N. 42/2001-CE (NT) dated 26.06.2001 - denial of benefit on the ground that the N/N. 50/2008-CE (NT) dated 31.12.2008 introducing amendment that Rule 6 (6) of CCR 2004 would apply for clearances made to Developers of SEZ would apply only after 31.12.2008 - demand of 10% value of exempted goods cleared during the period 06.04.2006 to 19.06.2008 to Developers / Co-Developers in the SEZ along with interest and also for imposing penalties - HELD THAT:- The very same issue has been considered by the Hon’ble jurisdictional High Court in the case of THE COMMISSIONER OF CENTRAL EXCISE CHENNAI II COMMISSIONERATE VERSUS M/S. S.P. FABRICATORS PVT LTD., THE CUSTOMS EXCISE AND SERVICE TAX APPELLATE TRIBUNAL [2018 (10) TMI 1474 - MADRAS HIGH COURT] has analysed the very same issue and held that amendment brought by way of Notification No.50/2008-CE (NT) dated 31.12.2008 is retrospective in operation. Thus, the demand cannot sustain - appeal allowed - decided in favor of appellant.
|