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TMI Blog2018 (3) TMI 611X X X X Extracts X X X X X X X X Extracts X X X X ..... Wadhwa After hearing both the sides, I find that the appellant who is engaged in manufacture of cement and clinker was availing the benefit of Cenvat credit of duty in respect of various raw materials received from 100% EOU. They were entitled to the credit amount calculated in terms of a formula prescribed under Rule 3(7) (a) of the Cenvat Credit Rules, 2000. The said formula prescribed 25% of B ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... held as retrospective in nature. However, the said plea of the assessee was not accepted by Commissioner (Appeals). For better appreciation, the notification as also the findings of the appellate authority are reproduced below: "Notification No.48/2008-CE(NT) dated 5.12.2008 is reproduced below for the sake of clarity on the above issue:- "Cenvat Credit (Second Amendment) Rules, 2008. - GSR (E) ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... iven any retrospective effect as is clear from the plain reading of the above notification. Therefore, the cases cited by the appellant regarding retrospective benefit to them are not applicable in this case as the changes in the rule are applicable only with effect from 5.12.2008. The appellant was procuring Pet Coke from Reliance Industries Limited, Jamnagar, which is a 100% EOU and credit as pe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e it is an admitted fact that the appellant had received petcock from EOU M/s Reliance Industries Limited." Accordingly, he rejected the appeal. 5. The same submissions stand advanced before the Tribunal. However, on going through the order of Commissioner (Appeals), I find that there is no dispute about the fact that during the relevant period, the percentage of BCD to be adopted in the formul ..... X X X X Extracts X X X X X X X X Extracts X X X X
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