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TMI Blog2010 (7) TMI 506X X X X Extracts X X X X X X X X Extracts X X X X ..... rovision prevailent after 01.03.2002 and prior to 01.04.2000 would be deemed to be in operation during the period when Rule 4(2)(a) and (b) of CENVAT Rules 2001 was in force by relying upon Section 21 and 24 of the General Causes Act 1897." 3. The brief facts which are required to be stated are that the first respondent was availing credit of CENVAT on Capital goods under CENVAT Credit Rules 2001-2002. Such credit was availed by the first respondent based on duty paid documents in its favour on capital goods. The first respondent availed the entire credit of duty i.e., 100% on the capital goods in a sum of Rs.1,94,124/- instead of 50% of the said duty as has been provided under Rule 2(4)(a) of Cenvat Rules 2001. Such credit was take ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... capital goods received in a factory at any point of time in a given financial year shall be taken only for a amount not exceeding fifty percent of the duty paid on such capital goods in the said financial year. (b)The balance CENVAT credit may be taken in any financial year subsequent to the financial year in which the capital goods were received in the factory of the manufacturer, if the capital goods other than components, spares and accessories, refractories and refractory materials and goods falling under heading No.68.02 and sub-heading No.6801.10 of the first schedule to the Tariff Act are in the possession and use of the manufacturer of final products in such subsequent year." 7. The assessment year was 2001-2002. Therefore, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sued under this Act or any notification or order issued under such rule, is amended, repealed, superseded or rescinded, then, unless a different intention appears, such amendment, repeal, supersession of rescinding shall not- (a) revive anything not in force or existing at the time at which the amendment, repeal, supersession or rescinding takes effect ; or (b) affect the previous operation of any rule, notification or order so amended, repealed, superseded or rescinded or anything duly done or suffered thereunder ; or (c) affect any right, privilege, obligation or liability acquired, accrued or incurred under any rule, notification or order so amended, repealed, superseded or rescinded; or (d) affect any pen ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the General Clauses Act. When the term Central Act or Regulation or Rule is used in that Act reference has to be made to the definition of that term in the statute. It is not possible nor permissible to give a meaning to any of the terms different from the definition. It is manifest that each term has a distinct and separate meaning attributed to it for the purpose of the Act. Therefore, when the question to be considered is whether a particular provision of the Act applies in a case then the clear and unambiguous language of that provision has to be given its true meaning and import. ...............37. In the case in hand Rule 10 or Rule 10A is neither a "Central Act" nor a "Regulation" as defined in the Act. It may be a Rule under Sectio ..... X X X X Extracts X X X X X X X X Extracts X X X X
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