(1.) THIS matter was heard on a reference made by a Bench of this Tribunal. The issue involved in the matter is as under: In view of Clause (c) of Section 109 of the Finance Act, 2000, recovery is required to be made of all such duties of excise which have not been collected as if the amendment made by the Finance Act had been informed at all material times. It is his contention that this provision in the Finance Act reinforces his argument as above regarding the nature of levy being a fresh one and an earlier exemption not being applicable to such fresh levies. It has been contented on behalf of the appellants that the issue has been dealt with by the Large Bench in the case of Fabworth (India) Ltd. v. CCE Nagpur where it has been decided that Notification 2/95 grants exemption to all levies in excess to 50% of basic Custom duty. Hon'ble Bench passed the order as under: After hearing both sides and perusal of case records including the case laws cited, we are of the" view that the Larger Bench has not considered the fact that the exemption Notification issued in the year 1995 could not have anticipated the fresh levies imposed retrospectively in the year 2000. We also find that the larger bench has not taken into consideration the provisions under Clause (c) of Section 109 of the Finance Act, 2000 authorizing recovery of duties freshly levied with retrospective effect. In the case cited above i.e. Fabworth (India) Ltd. v. CCE Nagpur, the matter was heard by the Hon'ble Justice Ms. K.K. Usha, President, Hon'ble Shri C.N.B. Nair, M(T) and Hon'ble Shri Krishan Kumar, M(J) who referred the matter to the larger bench, expressed their view that the larger bench has not consider the fact that the exemption Notification issued in the year 1995 could not have anticipated the fresh levies imposed retrospectively. Fresh levies imposed retrospectively in the year 2000. Hence, the matter has been referred for consideration of larger bench.
(2.) AFTER hearing both sides in this matter, and considering the submissions made and the issues involved and the case laws referred, it is found:
(3.) IN view of our findings hereinabove, the reference is answered in terms that the decision of the Larger Bench in the case of Fabworth (India) Ltd. v. CCE, Nagpur does not require any reconsideration. The matter may be placed before the referring Bench to determine that appeal.