2014 (6) TMI 789

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....or the Respondent : Dr Jeetesh Nagori, (AR) PER : M V Ravindran All these three stay petitions are being disposed of by a common order as they arising against the order-in-original passed which confirmed demand of Rs. 1.59 Crores and Rs. 11.62 Lakhs, interest thereof and penalties on all the appellants. 2. The said amount of Rs. 1.59 Crores has been calculated as an amount of 10% of the v....

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....products. We find strong force in the contentions raised by the learned counsel that, after retrospective amendment passed in Finance Act, 2010 and more specifically Section 73, the situation is different. Admittedly, the appellant M/s. Enzal Chemicals (India) Limited had filed an application before the Commissioner of Central Excise wherein the details as required, as per the retrospective amendm....

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....missioner. We also find that another small issue of availment of ineligible CENVAT credit of approximately Rs. 11.62 Lakhs, though being argued before us, also needs consideration as we intend to remand the entire issue back to the Commissioner. Without expressing any opinion on the merits of the case, keeping all the issues open, we set-aside the impugned order and remand the matter back to recon....