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2016 (12) TMI 1533 - HC - Service TaxReversal of credit - Rule 6(3)(b) of the CENVAT Credit Rules, 2002 - Held that: - considering the fact that while passing the impugned judgement and order the learned tribunal has relied upon the decision of the Larger Bench of the learned tribunal in the case of Nicholas Piramal (India) Limited [2008 (4) TMI 744 - CESTAT, MUMBAI], which subsequently has been reversed / set aside by the Hon’ble Bombay High Court in the recent decision COMMISSIONER OF C. EX., THANE-I Versus NICHOLAS PIRAMAL (INDIA) LTD. [2009 (8) TMI 224 - BOMBAY HIGH COURT], the impugned judgement and order passed by the learned tribunal cannot be sustained and the same deserves to be quashed and set aside and is accordingly quashed and set aside. The benefits of amended Rule 6 of the CENVAT Credit Rules, 2002, amended by Finance Act, 2010, which is reported to be amended retrospectively w.e.f. 1/3/2002 is concerned, considering the decision of the Division Bench of this Court in the case of Shree Rama Multi Tech Ltd. [2011 (2) TMI 575 - GUJARAT HIGH COURT], it is observed that if the respondent makes an application within a period of one month from today with supporting documents for getting benefits of amended Rule 6 of the CENVAT Credit Rules, 2002, as amended by Finance Act, 2010, the same be considered in accordance with law and on merits and in light of the amended Rule 6 of the CENVAT Credit Rules, 2002, as amended by Finance Act, 2010. Appeal disposed off - decided partly in favor of appellant.
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