7. In the facts of the present case we find that the assessee undertook work on contract basis. The assessee took contract work of insitu cement lining for water supply project of the Gujarat Water Supply and Sewerage Board (Gujarat Government Undertaking). 8. Vide Finance Act, 2007 an Explanation was inserted with retrospective effect from 1-4-2000 after sub-section (13) of section 80IA, which reads as under:
In exercise of the powers conferred by sub-section (1) of section 25 of the Customs Act, 1962 (52 of 1962), the Central Government hereby rescinds the notification of the Government of India, in the Ministry of Finance (Department of Revenue), No. 62/2007-Customs, dated the 3rd May, 2007, published in the Gazette of India Part II, Section 3, Sub-section (i) vide number G.S.R. 325(E) of the same date, except as respects things done or omitted to be done before such rescission.
In exercise of the powers conferred by sub-section (1) of section 25 of the Customs Act, 1962 (52 of 1962), the Central Government, on being satisfied that it is necessary in the public interest so to do, hereby exempts iron ores and concentrates, all sorts, falling under Heading No. 11 of the Second Schedule to the Customs Tariff Act, 1975 (51 of 1975), when exported out of India, from so much of the duty of customs leviable thereon which is specified in the said Second Schedule as is in excess of the amount calculated at the rate of 15% ad valorem.
Therefore, in exercise of the powers conferred by sub-section (1) of section 8 of the said Customs Tariff Act, the Central Government hereby directs that the Second Schedule to the said Customs Tariff Act shall be further amended in the following manner, namely.
In exercise of the powers conferred by sub-section (1) of section 25 of the Customs Act, 1962 (52 of 1962), the Central Government, on being satisfied that it is necessary in the public interest so to do, hereby makes the following amendments in the notification of the Government of India in the Ministry of Finance (Department of Revenue), No. 66/2008-Customs, dated the 10th May, 2008 which was published in the Gazette of India, Extraordinary, vide number G.S.R.359(E) of the same date, namely.
The principal notification No.6/2006-Central Excise dated the 1st March, 2006, was published in the Gazette of India, Extraordinary, vide number G.S.R. 96(E) of the same date and was last amended vide notification No. 25/2008-Central Excise, dated the 29th April, 2008 which was published in the Gazette of India, Extraordinary, vide number G.S.R.316(E) of the same date.
Now, therefore, in exercise of the powers conferred by clause (b) of sub-section (1) of section 3 of the said Central Excise Tariff Act, the Central Government, hereby directs that the First Schedule of the said Central Excise Tariff Act shall be amended in the following manner, namely.
