TMI Blog2016 (12) TMI 1166X X X X Extracts X X X X X X X X Extracts X X X X ..... y Apex Court in para-11 of the case law Kartar Rolling Mills vs. CCE, New Delhi [2006 (3) TMI 63 - SUPREME COURT OF INDIA] the benefit of an exemption notification cannot be extended retrospectively - Notification 67/2003-CE was issued on 11.08.2003 and cannot be held to be effective from 01.04.2003. Time bar - Held that: - first appellate authority has given elaborate findings as to how demand is not time barred which is acceptable. However, since the issue was relating to complex interpretation of exemption/amending notifications we are of the considered opinion that penalty against the appellant is not sustainable and is set aside. Appellant has also raised the issue that even if the value of clearances of both their units are adde ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... well as through written submissions made the following submissions/arguments:- (i) That by Order-in-Original dated 26.05.2006 adjudicating authority denied the benefit of value based exemption Notification No.9/2003-CE dated 01.03.2003, for the period 01.04.2004 to 30.06.2004, on the grounds that amending Notification No.67/2003-CE dated 11.08.2003 will not have retrospective effect from 01.04.2003 but will be effective from the date of amendment. It is the case of the appellant that value based exemption Notification No.9/2003-CE is for the entire financial year, therefore, amendment carried out by Notification No.67/2003-CE dated 11.08.2003 will also be effective from 01.04.2003. That even after adding the value during the period 01.0 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... o Notification No.8/2003-CE and 9/2003-CE, both dated 01.03.2003, according to which clearances effected under Notification No.214/86-CE dated 25.03.1986, 83/94-CE and 84/94-CE were not required to be added to the value of clearances. As per the observations made by Apex Court in para-11 of the case law Kartar Rolling Mills vs. CCE, New Delhi [2006 (197) ELT 151 (SC)] the benefit of an exemption notification cannot be extended retrospectively. Notification 67/2003-CE was issued on 11.08.2003 and cannot be held to be effective from 01.04.2003. Appeal of the appellant to the extent that Notification No.67/2003-CE should be retrospective is not sustainable and is rejected. 4.1 On the issue of time barred nature of demand first appellate ..... X X X X Extracts X X X X X X X X Extracts X X X X
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