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TMI Blog2004 (12) TMI 95X X X X Extracts X X X X X X X X Extracts X X X X ..... d is of no avail since the aforesaid provision provides that notwithstanding anything contained in Rules, the credit is not admissible. As Section 112 was not brought to the notice of the Court, the appeal of the Revenue was dismissed. In view of this statutory provision, the appeal of the Revenue could not have been dismissed since the assessee was not entitled to get the benefit of Rule 57B. Though the assessee is not entitled to the benefit as aforesaid, yet we cannot ignore the fact that the aforesaid amendment came into force on 1st April, 2000 when the order of the tribunal dated 8th September, 1999, in favour of the assessee was holding the field and it is being set aside today by this order. In this view, the time to make payment ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... : "112. Validation of the denial of credit of duty paid on high speed diesel oil. - Notwithstanding anything contained in any rule of[1] the Central Excise Rules, 1944, no credit of any duty paid on high speed diesel oil at any time during the period commencing on and from the 16th day of March, 1995 and ending with the day the Finance Act, 2000 receives the assent of the President, shall be deemed to be admissible. Any action taken or anything done or purported to have been[2] taken or done at any time during the said period under the Central Excise Act or any rules made thereunder to deny the credit of any duty in respect of high speed diesel oil, and also to disallow such credit to be utilised for payment of any kind of duty on any e ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... shall be punishable as an offence which would not have been so punishable if this section had not come into force." 4.A bare reading of sub-section (1) of Section 112 shows that no credit is admissible on any duty paid on high speed diesel oil at any time during the period commencing on and from the 16th day of March, 1995 and ending with the day the Finance Act, 2000 received the assent of the President. The President gave assent on 1st April, 2000. It is not in dispute that the period in question comes under the purview of Section 112(1). The contention that Rule 57B was not amended is of no avail since the aforesaid provision provides that notwithstanding anything contained in Rules, the credit is not admissible. As Section 112 was no ..... X X X X Extracts X X X X X X X X Extracts X X X X
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