2008 (2) TMI 674

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....Shri V.N. Shukla, Advocate, for the Respondent. [Order per : Justice S.N. Jha, President]. - This is an application by the Revenue for stay of the order of the Commissioner (Appeals). The Commissioner by the order impugned has held the respondent entitled to avail the credit of Rs. 98,13,422/-. Part of the claim was disallowed with which we are not concerned in the present application. The b....

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....he application had been made after one year and the claim was barred in terms of Section 11B of the Central Excise Act. The plea of the Department was not accepted and, finally, the Commissioner by the impugned order held that the appellants were entitled to credit, as mentioned above. 3. When the stay application was taken up, Shri V.N. Shukla, learned Advocate appearing for the responden....

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....preme Court in the case of M/s. Vikram Cements, cited at the bar, limitation has to be reckoned from the date of the order, but law is well settled that the decisions of the Courts are prospective in operation and therefore the decision in the case of M/s. Vikram Cement cannot be invoked by a party to undo the effect of an order which was passed earlier and became final. We prima facie find substa....