1998 (11) TMI 291 - AT - Central Excise

Summary

Issues Involved:
The issue involved in this case is whether an amendment to Rule 57E, allowing credit for duty paid on inputs cleared by the manufacturer, can be given retrospective effect from a date prior to the amendment, despite the absence of a clear stipulation for retrospective application.

Summary:

Issue 1: Retrospective Application of Amendment to Rule 57E
The question before the Tribunal was whether credit could be availed for duty paid by the manufacturer on inputs that had already been cleared, following an amendment to Rule 57E on 15-4-1987. The rule prior to the amendment did not permit such credit, and the amendment clarified the procedure for taking credit post-clearance.

Decision:
The Tribunal relied on a previous decision in Tata Engg. Locomotive Co. v. C.C.E., which held that Rule 57G allowed manufacturers to take credit of duty paid on inputs if requirements were met. The amendment to Rule 57E on 15-4-1987 further clarified this right, indicating the procedure to be followed. The Tribunal concluded that amendments clarifying existing provisions are to be held retrospective, as they do not materially change the law but make it clearer.

Analysis:
The argument that the absence of a specific stipulation for retrospective application in the amendment is irrelevant was dismissed. It was established that amendments clarifying existing provisions are deemed retrospective, as they remove any ambiguity and make clear what was already implicit. The amendment to Rule 57E merely clarified the position on credit for duty paid post-clearance, which was previously silent in the rule.

Conclusion:
The Tribunal found no grounds to refer the question to the High Court and dismissed the application, affirming the retrospective application of the amendment to Rule 57E from 15-4-1987.