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TMI Blog2016 (4) TMI 61X X X X Extracts X X X X X X X X Extracts X X X X ..... E APPELLANT : MR GAURANG H BHATT, ADVOCATE (PER : HONOURABLE MR.JUSTICE AKIL KURESHI) 1. Revenue is in appeal against the judgement of the CESTAT raising following questions for consideration: "(I) Whether the Ld. CESTAT is justified in the eye of law, in the facts and circumstances of the case, in holding that the assessee is entitled to the Refund of the CENVAT credit amount paid by reversal ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... abad II vs. Intas Pharmaceuticals Ltd. reported in 2013 (289) ELT 256, in which, following question came to be referred for consideration by the larger Bench: "Whether in view of the provisions contained in Rule 3 of the Cenvat Credit Rules, 2004 and Rule 21 of the Central Excise Rules, 2002, the decisions of this Court in case of COMMISSIONER OF CENTRAL EXCISE AND CUSTOMS, AHMEDABAD-I v. GDN GA ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ich was neither exempt from duty nor carried nil rate of duty. Such being the provision, as it stood in the Cenvat Credit Rules prior to September 7, 2007, there is no scope of application of equitable doctrine against the assessee and in favour of the Revenue on the ground that it will amount to conferring of double benefit. The moment sub-rule (5C) was introduced, the Legislature made its intent ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d counsel appearing on behalf of the Revenue, that the said amended rule is clarificatory in nature. It is apparent from the notification that the same was given effect to from a specified date, i.e., September 7, 2007. 20. Such being the position, we hold that sub-rule (5C) of the Rules is effective from September 7, 2007 and for input credited earlier, there is no scope of reversal of the credit ..... X X X X Extracts X X X X X X X X Extracts X X X X
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