2012 (9) TMI 208

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.... Advocate, for the Appellant. Shri S.S. Katiyar, SDR, for the Respondent. [Order per : R.M.S. Khandeparkar, President (Oral)]. -  Heard the advocate for the appellants and DR for the respondent. By the order dated 22-2-10 passed by the Commissioner of Central Excise, Thane, demand for duty of Rs. 1,01,23,236/-has been confirmed along with demand for interest and penalty of Rs. 4,000/....

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.... dated 9-7-2004 but at the same time the appellants were 100% E.O.U. and all the goods manufactured by them had been cleared only for export and this fact is not in dispute and therefore, under the provisions of Rule 6(6) of the Cenvat Credit Rules, the appellants could not have been denied the credit which was sought to be availed by them. In that regard, attention is drawn to the decision of the....

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....s by mistake on their part, considering the provisions of law comprised under Rule 6(6) of the Cenvat Credit Rules read with the decision of the Bombay High Court in Repro Industries Ltd., the appellants prima facie appears to be right in contending that the demand confirmed against them while denying the credit is not justified. In Hero Cycles Ltd.'s case the Bombay High Court has held thus :- ....

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....take of law and or in the instant case by oversight, cannot result in being assessed to duty which was otherwise not payable. In our opinion, this will be a case of manifest injustice and on the face of it erroneous." 4. The Apex Court in East India Commercial Co. Ltd. case had clearly reminded that the Tribunals are bound by the law declared by the High Courts and the view was followed by....