PRINCIPAL COMMISSIONER OF CENTRAL TAX, GST COMMISSIONERATE, BENGALURU Vs. M/S. AZKO NOBEL COATING INDIA PVT. LTD.

JUDGEMENT

(1.) Mr. Jeevan J. Neeralgi, learned counsel for the appellant-Principal Commissioner of Central Tax has fairly submitted that the question arising in the present case is covered by the decision of the cognate bench of this Court in the case of Commissioner of C. Ex. and S.T., Bangalore v. Fosroc Chemicals (India) Pvt. Ltd., (2015 (318) E.L.T. 240 (Kar.) in which the cognate bench of this Court has held that the Amendment of Rule 6(6)(i) of Cenvat Credit Rules, 2004, amended in the year 2008, has to be given retrospective effect as it was clarificatory in nature and has to be extended to the goods cleared to a "developer" of a Special Economic Zone for their authorised operation.

(2.) The relevant portion of the said judgment is quoted below:

(3.) The Tribunal, in the present case, in the impugned order dated 14.12.2016 vide Annexure-A, in view of the aforesaid judgment, granted relief to the Respondent - Assessee with the following observations: