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TMI Blog2013 (4) TMI 184X X X X Extracts X X X X X X X X Extracts X X X X ..... laimant would not be entitled to the credit due to the embargo of the provisions of Rule 6 of Cenvat Credit Rules, 2001. Held that - a right, which is acquired as a result of a statutory provision, cannot be taken away retrospectively unless the statutory provision so provides or by necessary implication it has the same effect. Following the decision in Omkar Textile Mills Pvt. Ltd. [2008 (9) TMI 860 - GUJARAT HIGH COURT] decided in favor of assessee. - TAX APPEAL No. 756 of 2011 - - - Dated:- 14-8-2012 - MR. V. M. SAHAI AND MR. N.V. ANJARIA JJ. Appearance: MR YN RAVANI for Appellant(s): 1, MR NIRAV P SHAH for Opponent(s): 1, ORAL JUDGMENT (Per: HONOURABLE MR.JUSTICE V. M. SAHAI) We have heard Mr. Y. N. Ra ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... dents and debited the deemed credit amount of the respondent to the extent of amount refunded in cash to the respondent. However, the department challenged the order of the Commissioner dated 4th February 2003 in appeal.The appeal of the department wsa allowed on 4th October 2005 by the CESTAT and it was held that since the respondent not submitted the Bill of Lading or Shipping Bill, therefore he was not entitled for refund of deemed credit. In view of the order passed by CESTAT the appellant deposited back the amount of Rs.7,67,865/and took credit of equal amount in RG23 Part II register which is known as Cenvat Credit Account. In pursuance of the show cause notice issued pursuant to order dated 4th October 2005 order for recovery of amou ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... case of S.V. Business Pvt. Ltd. (supra) and judgment of this Court as well as Hon'ble Supreme Court we are of the view that the issue is squarely covered by the earlier decision. This Court in the case of Dipak Vegetable Oil Industries Ltd. v. Union of India (supra) had clearly held that a right, which is acquired as a result of a statutory provision, cannot be taken away retrospectively unless the statutory provision so provides or by necessary implication it has the same effect.Even with regard to the proviso to Rule 3 support can be derived from the observations made by the Hon'ble Supreme Court in the case of Eicher Motors Ltd. v. Union of India, 1999 (106) E.L.T. 3 (S.C.) the scheme sought to be introduced cannot be made applicable to ..... X X X X Extracts X X X X X X X X Extracts X X X X
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