TMI Blog2012 (11) TMI 643X X X X Extracts X X X X X X X X Extracts X X X X ..... y to arrive at the proper calculation. As the orders were passed in breach of principle of natural justice the case is remanded to original authority for deciding the issue afresh providing a reasonable opportunity of hearing to the appellants - in favour of assessee by way of remand. - E/121/07 - - - Dated:- 16-10-2012 - SHRI S.K. GAULE, AND DR. D.M. MISRA, JJ. Appearance: Shri S. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... f the Hon ble Guwahati High Court. We are of the view that in the absence of Stay on the said decision of the Hon ble High Court of Guwahati or contrary decision from any higher judicial forum, the law laid down by the said decision has to be followed. However, the amended law effectively requires that the credit availed and lying utilized only is required to be demanded from the appellants. In t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s in regard to the calculation of the demanded amounts before passing a fresh order. All the 15 appeals are allowed by way of remand. The Stay Petitions filed by the Appellants also stand disposed off. 4. We find that in the Appellant s own case also they were not granted hearing by both the lower authorities and the orders were passed in breach of principle of natural justice. Since facts a ..... X X X X Extracts X X X X X X X X Extracts X X X X
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