9911796707
TMI Blog2024 (10) TMI 986X X X X Extracts X X X X X X X X Extracts X X X X ..... benefit of duty exemption provided under the Notification dated 17.03.2012 is available. Since, the Notification dated 17.03.2012 was amended vide Notification dated 26.12.2013, the same should be considered as curative in nature inasmuch as the specific power project in the North East belonging to NEEPCO was inserted for providing the duty exemption contained therein. Since, the date of effect of the notification dated 26.12.2013 was not specifically provided, it has to be construed that to cure the defect of non-incorporation of the particular power project, which was subsequently done vide notification dated 26.12.2013 should be considered as retrospective in operation and the goods imported by the appellants for installation in the app ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... erection of hydro mechanical equipment for power and irrigation project. During the disputed period, the appellant had entered into the contract dated 22.12.2004 with North Eastern Electric Power Corporation Ltd. (NEEPCO) for execution of the work of Hydro Mechanical Equipment of the Kameng Hydro Electric Power Project, a 600 MW Mega Power Project to be set up in the State of Arunachal Pradesh. For installation of the power project for M/s NEEPCO, the appellants had imported various capital goods. The appellants had claimed the classification of the products under CTH 72254013 and the benefit under exemption Notification No. 12/2012-Customs dated 17.03.2012. The Bill of Entry was self-assessed in terms of subsection (1) of Section 17 of the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... as curative in nature inasmuch as the specific power project in the North East belonging to NEEPCO was inserted for providing the duty exemption contained therein. Since, the date of effect of the notification dated 26.12.2013 was not specifically provided, it has to be construed that to cure the defect of non-incorporation of the particular power project, which was subsequently done vide notification dated 26.12.2013 should be considered as retrospective in operation and the goods imported by the appellants for installation in the approved power project should be available for the benefit of exemption provided therein. We find that the issue with regard to retrospective applicability of the Notification is no more res integra in view of v ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... es and on being satisfied, the Central Government issued a clarificatory Notification No. 95/94 on April 25, 1994. It was not a new notification granting exemption for the first time in respect of parts of power driven pumps to be used in the factory for manufacture of pumps but clarified the position and made the position explicit which was implicit. 4. Further, in the case of Ralson (India) Ltd. Vs. Commissioner of C. Ex., Chandigarh-I, 2015 319 E.L.T. 234 (S.C.), the Hon ble Supreme Court have held that when the Government rectifies an inadvertent error by way of issuance of the notification, then the same should be treated as corrective/clarificatory and will have retrospective effect. The relevant paragraphs are quoted herein below : 9 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... osition and made the position explicit which was implicit. 17. For the foregoing reasons, in our opinion, the appeals deserve to be allowed and are allowed accordingly. Deposit, if any, made by the appellant in pursuance of the order passed by the authorities below will be refunded to it. In the facts and circumstances of the case, however, there shall be no order as to costs. 10. As we find that the compounded rubber was also rescinded by the same Notification dated 1-3-94 and reintroduced in the same manner vide another Notification issued on 28-3- 1994, ratio of W.P. I.L. Ltd. case shall squarely apply to the present case as well. As a result, only on this ground, these appeals are allowed and the demand raised against the appellants is ..... X X X X Extracts X X X X X X X X Extracts X X X X
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