Dipak Vegetable Oil Industries Ltd. vs Union Of India on 5 February, 1990
In Deepak Vegetable Oil Industries Ltd. v. Union of India [1991 (52) E.L.T. 222] the Division Bench of Gujarat High Court was concerned with the very same identical question, as in the present case and the Division Bench while sustaining the claim of the manufacturer held, that the right, which was acquired as a result of the statutory provision, cannot be taken away retrospectively, unless statutory provision so provides or by necessary implication it has such an effect, and inasmuch as the Notification No. 39/89-C.E. (N.T.), dt. 25-8-1989 merely rescinded the earlier Notifications and not the Rules themselves, the only consequence would be that from the date on which, the said Notification came to be rescinded, the manufacturers concerned cannot claim to earn the benefit of credit of money, while manufacturing their final products by using the oil concerned, but at the same time they cannot be deprived of their right to use credit of money which they had earned validly. The learned Judges of Gujarat High Court also placed reliance on the fact that Rules 57N had continued to be on the statute, a book and that the said rule confers a right to use the credit already earned.