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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 ..... t in the BCD percentage and could have availed 50% of BCD, while calculating the quantum of Cenvat credit available to them. During the relevant period, the formula prescribed adoption of 25% of BCD and by no stretch, it can be held that 50% of BCD was available to the assessee prior to 5.12.2008. Appeal dismissed - decided against appellant. - E/4062/2012-SM - A/50748/2018-SM[BR] - Dated:- 21-2-2018 - Mrs. Archana Wadhwa, Member (Judicial) Shri Kumar Vikram, Advocate - for the Appellant Shri K. Poddar, D.R. - for the Respondent ORDER Per: Ms. Archana 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 cre ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... y section 37 of the Central Excise Act, 1944 (1 of 1944) and section 94 of the Finance Act, 1994 (32 of 104), the Central Government hereby makes the following rules further to amend the CENVAT Credit Rules, 2004, namely 1. (1) These rules may be called the CENVAT Credit (Second Amendment) Rules, 2008. (2) They shall come into force on the date of their publication in the Official Gazette. 2. in the CENVAT Credit Rules, 2004 in rule 3 in sub-rule (7), in clause (a), in the proviso for the expression X multiplied by (1+BCD/400) multiplied by (CVD/100) the expression X multiplied by [(1+BCD/200) multiplied by (CVD/100) shall be substituted . 7.3 It is a fact that the above amendment is applicable w.e.f. 5.12. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... als), I find that there is no dispute about the fact that during the relevant period, the percentage of BCD to be adopted in the formula was to the extent of 25% which stands raised to 50% with effect from 5.12.2008. The amending notification itself makes it clear that the same shall come into force on the date of their publication in the official gazette. Otherwise also I find this is not a case of any interpretation of the legal provisions of law, in which case, it can be held that the subsequent opinion of the Revenue is clarificatory in nature. It is a case where a benefit already extended to the industry stand enhanced. The entire period is before 5.12.2008 and I really fail to understand as to how the appellant could foresee the enhan ..... X X X X Extracts X X X X X X X X Extracts X X X X
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