TMI Blog2016 (4) TMI 61X X X X Extracts X X X X X X X X Extracts X X X X ..... re is no scope of reversal of the credit if the finished product becomes unfit for human consumption unless any condition has been imposed for remission of duty in terms of Rule 21 of the Central Excise Rules, 2002 making it clear that the credit already taken is to be reversed - TAX APPEAL NO. 116 of 2016, CIVIL APPLICATION (OJ) NO. 49 of 2016, TAX APPEAL NO. 116 of 2016 - - - Dated:- 4-2-2016 - ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the amount of reversed CENVAT Credit, over and above receiving the same amount from the Insurance-Company, whereby incidence of duty was passed on to the Insurance Company, in view of the Principle of unjust Enrichment under Section 11B(2)(b) of the Central Excise Act, 1944? 2. Upon perusal of the judgement of the Tribunal, we notice that the reliance was placed on the larger Bench judgement ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... cturing such final product? 3. The larger Bench, in this context, held as under: 16. If we go through the provisions of the Rules relating to cenvat, we find that prior to introduction of sub-rule (5C), there was no provision, which provided for reversal of the credit by the excise authorities where it has been lawfully taken by a manufacturer. Therefore, the credit accrued at the momen ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ame time, prior to such amendment, there was no provision of reversal as introduced in the Rules by way of amendment under the circumstances stated therein. Thus, it is creation of a new right in favour of the Revenue and in such circumstances, in the absence of any contrary intention reflected from any of the provisions of the Statute, the amendment must be held to be prospective. 19. We ar ..... X X X X Extracts X X X X X X X X Extracts X X X X
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