Judgment:
1. The issue referred to the Larger Bench is as regards the continuation of the Modvat cases after the repeal of Modvat Rules on 1.4.2000 without any saving Provision. Para 7 of the Referal Bench Order is mentioned below:- "7. At present, the Central Excise Act under which the erstwhile Modvat Rules had been made does not contain any provision saving any actions initiated under Rule 57U of the said Rules. Though Section 125 of the Finance Bill, 2001 seeks to introduce such a provision in the Central Excise Act and Section 126 seeks to introduce in the Act provisions for revalidating, inter alia, actions taken under the said Rule 57U after 31.3.2000, neither of the two Sections has become law hitherto. Contextually, I also note that the above provisions of the Finance Bill, 2001 were not before the SRB when it passed order in Wipro (Supra)." When the matter came up for hearing, both the sides duly represented by Shri. Bipin Garg, learned Advocate and Shri Rajeev Tandon, learned SDR agreed that the Finance Bill 2001 has become the Finance Act 2001 on 11.5.2001. As per Section 131 of the Act, a new Section 38 A has been introduced with the provision that the same shall be deemed to have been inserted on or from 28th day of February, 1944. The Effect of insertion of the said Section is to the effect the repeal of Modvat Provisions w.e.f. 1.4.2000 will not affect the previous operation of the rules and the right, privilege, obligation or liability acquired, accrued or incurred or incurred under the said repealed rules. For better appreciation the said Section is reproduced below:- "38A. Effect of amendments, etc., of rules, notifications or orders, - where any rule, notification or order made or issued under this Act, or any notification or order issued under such rule, is amended, repealed, superseded or rescinded, then, unless a different intention appears, such amendment, repeal, supersession or rescinding shall not - (a) revive anything not in force or existing at the time at which the amendment, repeal, supersession or rescinding takes effect; or (b) affect the previous operation of any rule, notification or order so amended, repealed, superseded or rescinded or anything duly done or suffered thereunder; or (c) affect any right, privilege, obligation or liability acquired, accrued or incurred under any rule, notification or order so amended, repealed, superseded or rescinded; or (d) affect any penalty, forfeiture or punishment incurred in respect of any offence committed under or in violation of any rule, notification or order so amended, repealed, superseded or rescinded; 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 any such penalty, forfeiture or punishment may be imposed at if the rule, notification or order, as the case may be, had not been amended, repealed, superseded or rescinded." 3. In view of the foregoing the question referred to the Larger Bench has to be answered in the affirmative. The appeals relating to Modvat and pending before the Tribunal are required to be disposed of an merits. Accordingly, we send the matter back to the regular Bench for hearing of the appeal.