9911796707
TMI Blog2003 (12) TMI 554X X X X Extracts X X X X X X X X Extracts X X X X ..... espondent. [Order per : Archana Wadhwa, Member (J)]. - The present application has been filed by the Revenue for referring the following Question of Law to the Hon'ble High Court :- "Whether the explanation as brought into force by the Notification No. 118/80-C.E., dated 19-7-1980 will have retrospective effect or from the said date as held by the lower authorities." 2. We have hear ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... writing to the Commissioner, there is no information from his side. He is not in a position to throw any light on the above fact. 4. Shri S. Kaushal, representative from M/s. I.O.C. also draws our attention to the Madurai Collectorate Trade Notice No. 84/85, dated 19-7-1985, laying down that the said Notification would have retrospective effect. He also submits that the Hon'ble Supreme Court ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... credit would even be available in respect of those materials or component parts which are produced in the factory of the manufacturer availing of the facility of proforma credit. A question has arisen whether this Explanation would be applicable even to those cases which had arisen prior to its insertion. 2. Before the insertion of the said Explanation in Rule 56A, a practice existed of all ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Court's decision in the case of Collector of Central Excise, Bombay v. Kores (India) Limited reported in 1997 (89) E.L.T. 441 (S.C.), it is held that Tariff Advice or Trade Notice issued by Board is binding and the Revenue's appeals contrary to such Trade Notices have been dismissed. As such, we are of the view that there are no merits in the Reference Application filed by the Revenue and reject t ..... X X X X Extracts X X X X X X X X Extracts X X X X
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