2011 (2) TMI 985

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..... has filed the present appeal along with a stay petition. As the facts are simple, we proceed to decide the appeal itself.   2. After hearing the learned DR, we find that demand of duty of Rs.14,63,968/- was confirmed against the respondents along with imposition of penalty. During the pendency of the appeal against the order dated 07.09.06 confirming the said demand, the respondent debited .....

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..... purpose. As such they prayed that the said amount be sanctioned to them in cash.   4. The Commissioner (Appeals) accepted the above plea of the respondent and allowed the refund claim in cash. The said order of Commissioner (Appeals) is impugned before us.   5. After hearing the learned DR we find that though the Commissioner (Appeals) has relied upon various decisions of the Tribunal .....

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..... 6. As the ratio of law declared in the Larger Bench of the Tribunal decision referred supra stands considered by Commissioner (Appeals) and there is no finding of fact as to whether the respondent was in position to utilize the said credit otherwise, we set aside the impugned order of Commissioner (Appeals) and remand the matter to him for fresh decision in the light of the Larger Bench judgment, .....

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