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Corporate News *  The GSTN has issued an Advisory dated 21.04.2026 about the introduction of an Offline Tool for the Invoice Management System (IMS)  *  CBIC extends due dates for filing of FORM GSTR 3B  for the month of April 2026 *  Interest cannot be imposed in adjudication order, if not demanded/quantified in show cause notice : Allahabad HC *  Wheelchairs with toileting facility eligible for exemption: CESTAT affirms customs duty exemption to importer *  Industries urge GST council to allow inverted duty refunds on input services *  Tamil Nadu GST dept introduced virtual hearing facility for GST appeals under under section 107 of the TNGST act: detailed guidelines  *  CIC urges authorities to implement GST evasion complaint tracking system *  Even if the assessee opts "NO" for personal hearing in form DRC-06 ,The mandatory requirement under section 75(4) to grant opportunity of hearing cannot be waived:Gujarat High Court  *  Glufosinate imports curbs imposed by govt *  Government extends Re-import period for exported cut & polished diamonds *  CIC flags lack of tracking system for tax evasion complaints,urges GST authorities to improve transparency *  No Custodial Interrogation needed in GST fraud case based on documentary evidence already in Department's Possession : Chattisgarh HC *  Orders under section cannot be sustained if passed without considering the taxpayer's objections and without granting a personal hearing:Gujarat High Court *  Mere cancellation of supplier's registration cannot,by itself,justify denial of ITC or cancellation of the recipient's registration:Bombay High Court *  High Court sets aside GST notice citing factual errors and natural justice violations *  Provisional Bank Attachment under Section. 110 of Customs Act Unsustainable Beyond Statutory period without Extension order: Bombay HC orders to defreeze accounts *  Post Clearance MRP Alteration by Distributor Does not attract Differential Customs Duty: CESTAT *  DGFT Expands scope of 'Screws' classification under RoDTEP Scheme  *  E-way bills surze to all time high of 140.6 million in March *  GST Exemption Allowed on Pure Labour Services for Standalone Houses: AAR  *  GST Payable Only on Margin in Second-Hand Car Sales, Subject to Strict Conditions and No ITC Claim: AAR *  DGFT rolls out procedure for allocation of calcined coke *  GST portal update : Pre-deposit amount now editable in Appeals *  J&K HC declared TMT scrap a 'Specified Good' eligibile for GST refunds under Support Scheme  *  Pigmy agents are employees of banks; no GST can be levied on commission  paid to them : Karnataka HC *  DGFT Revises HS Code Description for Screws Under RoDTEP *  GST Registration Cancellation Invalid Without Proper Service of Notice: Allahabad High Court. *  Bengaluru CGST | GST Backlog Appeals Deadline Fixed at June 30, 2026 *  No Time Bar on Refund of Service Tax for Services Not Rendered: CESTAT  Remands Indiabulls Case for Unjust Enrichment Check. *  Supreme Court Holds Renewable Energy Incentive Must Benefit Generators, Not Be Adjusted in Tariff
Subject News *   Delhi HC Quashes Order, Says Reminder Cannot Validate Improperly Served GST SCN *  KARNATAKA HIGH COURT REMANDS GST SHORTFALL MATTER DUE TO ABSENCE OF PERSONAL HEARING   *  CESTAT cancels confiscation and penalties on imported computer cabinet cases: Custom duty restricted to 111 surplus units *  Deposit of tax during search or investigation cannot be treated as 'Voluntary Payment' : Bombay High Court *  Section 76 of the CGST cannot be invoked where the tax has already been duly deposited, even if through another registration of the same entity: Madras High Court *  Sec 74 allows use of material regardless of source; illegality or flaws in section 67 search do not vitiate valid adjudication: HC *  Inter-State transfer of ITC on Amalgamation permissible as given under section 18(3) read with rule 41 of the CGST rules, 2017: Gujarat High Court *  HC: No GST on commisson paid to Pigmy Agents *  IGST refund denial on illegible bill of lading invalid absent chance to furnish docs; merit reconsideration in appeals directed: HC *  ITC is not admissible on GST paid on leasehold rights of land used fpr setting up an air seperation plant: AAAR,Tamil Nadu *  GST: No penalty under Section 74 after voluntary ITC reversal due to non-existent supplier : High Court *  TN AAAR denies GST ITC on Land Lease under Sec. 17(5)(d) for setting up plant and machinery *  GST proceedings quashed as notices sent to old address, despite updated address in registration *  Importer Can’t Be Penalised for Alleged IGCR Procedural Lapses Without Evidence of Departmental Error: CESTAT *  Structured Healthcare Training Not ‘Charitable Activity’, 18% GST Payable: AAR  *  CESTAT As The Appellate Authority For Central Sales Tax Disputes: A Paradigm Shift Under Finance Act, 2023 *   Rs. 25K Cost Imposed On SGST Joint Commissioner for Attaching Bank  Accounts Without Forming Mandatory “Opinion”: Bombay HC *   Ex-Parte GST Order Without Hearing Violates Natural Justice: Karnataka  High Court Quashes Adjudication and Bank Attachment.  *   Retrospective GST Cancellation Can’t Invalidate Genuine Transactions:  Jaipur Commissioner (Appeals) Quashes Rs. 95,670 ITC Demand. *   GST Pre-Deposit Non-Compliance: Allahabad High Court Allows Appeal  Subject to Rs. 30 Lakh Balance Deposit, Recognises Offline Filing. *  Documentary Nature of Evidence: Allahabad High Court Grants Bail in Rs. 32.66 Crore Fake ITC Fraud Case *  Supreme Court Flags Systemic Bias in Army’s Permanent Commission Process for Women Officers *  Re-Determination of Land Compensation Can Be Based on Appellate Court Awards, Clarifies Scope of S. 28-A: Supreme Court. *  Supreme Court Imposes Rs. 5 Lakh Costs On Rent Authority Officer For Acting Beyond Jurisdiction. *  DGGI Meerut | Court Denies Bail to Accused in Claiming Fake ITC And Export Refunds *  Denial of GST Rate Revision Benefit to Contractor Violates Article 14: Rajasthan HC *  GST Registration Cancellation for Non-Filing of Returns: Gauhati High Court Directs Restoration on Compliance. *   Supreme Court Quashes FEMA Adjudication Orders, Revives Proceedings at  Show Cause Stage. *   Higher Rank, Harsher Punishment Justified: Supreme Court Restores Dismissal  of Bank Manager in Misappropriation Case. *   Limitation for Export Refund to Be Counted from Foreign Exchange Realisation,  Not From Export Invoices Issuance: CESTAT  

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Publish Date: 05 Jun, 2007
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REPEAL OF MODVAT RULES: PREPARATION FOR RETROSPECTIVE EFFECT

REPEAL OF MODVAT RULES: PREPARATION FOR RETROSPECTIVE EFFECT
 
 
In a recent landmark judgment the Highest Court of India has held in case of Kohlapur Cansugar Works Ltd. V/s Union of India [2000 (119)ELT-257] that the proceeding pending under a Rule lapses on repeal of rule without a saving clause. Even the Clause 6 of General Clauses Act does not come to rescue as it is meant for Central Act, Enactment and Regulation and not for a Rule. 
 
            Furthermore, new CENVAT Rules have been incorporated in place of MODVAT Rules. We will also see impact of this decision on these Rules in this Article. To ponder over the subject we have to look for the definition of the Act, Regulation, Rules and Clause 6 of General Clauses Act and than visualize the aforesaid decision and evaluate its impact on omitted MODVAT Rules.
 
              The “Central Act” has been defined in section 3(7) of General Clauses Act which means an Act of Parliament, and shall include:
 
a) An Act of the Dominion legislation or of the Indian legislature passed before the commencement of Constitution, and
b) An Act made before such commencement by the Governor-General-in-Council, the Governor General, acting in a legislative capacity.
 
            The Section 3(19) of the General Clauses Act gives the Definition of “Enactment” which is enumerated below: -
            “It shall include a Regulation (as hereinafter defined and any Regulation of the Bengal, Madras or Bombay code and shall also include any provision contained in any Act ir in any such Regulation as aforesaid).”
 
            The term “Regulation” is contained in Section 3(50) which means a regulation made by the President under Article 240 of the Constitution and shall include a regulation made by the President under Article 243 thereof and a regulation made by the Central Government under the Government of India Act, 1935.
 
            The definition of “Rule” in Section 3(51) of the Act reads as the term “Rule” shall mean a Rule made in exercise of a power conferred by an enactment and shall include a Regulation made as a Rule under any enactment.
 
            From above, it is clear that Act, Enactment, Regulation and Rules are different. Normally, Act is passed by the Parliament and enactment is approved from President of India or Government of India. Whereas the Rules are made from the power taken from the enactment itself. This means that there is no need for the approval of Parliament or President of India.
 
            Now, we see Clause 6 of General Clauses Act which is for effect of repeal of Rules reads as follows: -
            6. Effect of Repeal: Where this Act or any (Central Act) or Regulation made after the commencement of this Act, repeals any enactment hitherto made or hereafter to be made, then, unless a different intention appears, the repeal shall not: -
 
            (a) revive, anything not if force or existing at the time at which the repeal takes effect; or
            (b)  effect the previous operation of any enactment so repealed or anything duly done or suffered there under; or
            (c) affect any right, privilege, obligation or liability acquired, accrued or incurred under any enactment so repealed; or
            (d) affect any penalty, forfeiture or punishment incurred in respect of any offence committed against any enactment so repealed; or
            (e) affect any investigation, legal proceeding or remedy in respect of any such right, privilege, obligation, liability, penalty, forfeiture or punishment as aforesaid.
            And any such investigation, legal proceeding or remedy may be instituted, continued or enforced, and such penalty, forfeiture or punishment may be imposed as if the repealing Act or Regulation had not been passed.”
 
            We look at the case before Hon’ ble Supreme Court, the Rules 10 and Rules 10A were omitted from 6-8-1977 and a new Rule 10 was substituted. But no saving Clause was incorporated in the new Rules that the proceeding under old Rules will continue in new Rule. The proceedings were pending before Excise Authorities against the assessee. The Show Cause Notice was issued before 06/08/1977. The Hon’ ble Court held that omission of Rule 10 and 10A without a saving clause will amount to lapsing of the proceedings pending under the aforesaid Rules. Furthermore, the clause 6 of General Clauses Act is not applicable because it applies only in respect of Central Act or Regulation and not on repeal of a Rule. It makes no effect even if an enactment. Order passed in proceeding thereafter will be considered as non est. So, it is ample clear from aforesaid decision, pending proceeding under the repealed Rule without a saving clause in new Rules will be lapsed and there will no effect of clause 6 of General Clauses Act as it applies only on Central Act or Regulation.
 
            Now, we come to new CENVAT Credit Rules incorporated from April 1, 2000 in place of Modvat Rules. Earlier, the demands under erstwhile Modvat Rules were issued under Rule 57-I of Central Excise Rules. The new CENVAT incorporated new Rule 57 AH which confers power to recover wrongly availed CENVAT Credit. But this newly introduced Rule do not have any saving clause for proceeding initiated under old MODVAT Rules. This will imply that the proceedings pending with erstwhile provisions will lapse following the ratio decidendi of the Ruling of Highest Court of India.
 
            Now, the only option remaining with the Government is to go for retrospective amendment and incorporate the saving clause in the new set of Rules. It will get the approval of the Parliament of India. There are many retrospective amendments have been made by the Central Government in last year budget also. It is separate issue whether these amendments are rights or wrong but the Government is continuing with the same.
 
            There is no other alternative available to the Government to continue the proceeding under the repealed Rules after the clear cut finding of the Apex Court of India.    
 
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