2013 (9) TMI 934

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....h i/b PDS Legal, for the Appellant. Shri A.S. Rao with J.B. Mishra, for the Respondent. ORDER P.C. : Whether the CESTAT was justified in directing the appellant to make pre-deposit of Rs. 1.30 crores on the prima facie opinion that the credit availed on inputs used in construction of supporting structure which is embedded to the earth is not available to the assessee, is the question rais....

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....structure would be available. Though the Larger Bench in the case of Vandana Properties has held that the amendment to Explanation (2) to Rule 2(k) of the Cenvat Credit Rules, 2004 by notification dated 7th July, 2009 is retrospective in nature, the issue is debatable. In any event, dispute in the present case relates to the period prior to 7th July, 2009 and, therefore, in our opinion, it is a fi....