Aspi Rustomji Balsara vs Commissioner Of Central Excise on 8 August, 2005

Customs, Excise and Gold Tribunal – Mumbai
Aspi Rustomji Balsara vs Commissioner Of Central Excise on 8 August, 2005
Bench: K Kumar, S T Chittaranjan


ORDER

Chittaranjan Satapathy, Member (T)

1. Heard both sides. The issue relates to the question as to whether “scored out M.R.P.” is to be ignored. We find that the matter has been clarified by Board Circular No. 673/64/2002-CX., dated 28-10-2002 issued from F. No. 6/11/2002-CX-I. However, the impugned order has been passed against the appellants on the ground that the said circular is not retrospectively applicable. In view of the fact that the said circular merely clarifies the legal position, the lower appellate authority is not correct in saying it will have only prospective effect. The legal position remains the same before and after issue of the said circular since the law has not undergone any amendment. Hence, we are of the view that the Board’s Circular is very much applicable in respect of the appellants’ case and they are entitled to the benefit under the same. Accordingly, we set aside the impugned order and allow the appeals. The stay application also stand disposed off.

(Pronounced in Court)

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