NEW TOBACCO COMPANY LTD Vs. UNION OF INDIA

JUDGEMENT

(1.) THIS appeal has been preferred by the assessee under Section 35G of the Central Excise Act, 1944 against the judgment and order passed by the learned Customs, Excise and Service Tax Appellate Tribunal (CESTAT, for short) in Appeal No. 89 of 2008 [2009 (245) E.L.T. 255 (Tribunal)], which was admitted for consideration on the following substantial questions of law:

(2.) WE have heard learned counsel for the parties.

(3.) LEARNED counsel for the Revenue supports the impugned order and submits that even though the retrospective amendment was introduced in the year 2003 while the show cause notices had been issued in the year 2001, the order of the adjudicating authority itself was dated 31 -10 -2007 which has been upheld by the CESTAT on 24 -9 -2008. In view of judgment of the Hon'ble Supreme Court in R.C. Tobacco there could be no individual consideration of validity of retrospectivity as the retrospective effect of the legislation has been upheld by the Hon'ble Supreme Court in entirety without any exception.