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TMI Blog1994 (9) TMI 188X X X X Extracts X X X X X X X X Extracts X X X X ..... issions and allow the DR to make his submissions. 4. The learned DR submitted that in this case the appellants were initially entitled to the benefit of Notification No. 201/79, dated 4-6-1979 in respect of the items falling under TI 68. 5. Subsequently, the notification was amended and the classification of the input `Phenol falling under Tariff Item 68 earlier was changed to Tariff Item 14 AAA. 6. The appellants said in the meanwhile they had taken credit in respect of the quantity received as inputs but they utilised that quantity for payment of duty on their final product subsequent to the date of the amendment namely 16/17th March, 1985. 7. A question has, therefore, arisen whether they were required to pay back the amount so ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rinciple of interpretation in a different context. In the present case we are concerned with a specific explanation incorporated therein and it has to be decided whether the appellant s case was hit by this explanation or not. 10. We have gone through the written submissions filed by the appellants as well as considered the oral submissions made by the Learned DR. 11. We observe that the Learned DR is correct in pointing out that the basic issue to be decided is whether the appellant s case was hit by the explanation incorporated in the amended Notification No. 201/79 and, further whether it was required to be given prospective or retrospective effect. 12. We observe in this connection that this notification grants set off of duty by ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ma credit became eligible to benefit thereof and, therefore, for the purposes of proforma credit under Rule 56A the credit already taken earlier could be utilised provided other conditions were specified. 13.1 This explanation has nothing to do with the type of situation which has arisen in the present case and does not in any way bar the continuation of benefit already taken under Notification No. 201/79 with reference to the same inputs and outputs irrespective of change of classification. We, therefore, find that in respect of the stocks already lying with the assessee on the date of amendment i.e. 16/17th March, 1985 in respect of which the credit had already been taken in terms of entitlement under Notification No. 201/79. The benefi ..... X X X X Extracts X X X X X X X X Extracts X X X X
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