2018 (8) TMI 1662

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..... bramaniam, AC (AR) for the Respondent ORDER Per Bench The appellants are engaged in manufacture of gear box assembly and gear motor assembly which go into a variety of industrial applications including in the manufacture of Wind Operated Electricity Generator. They availed CENVAT credit on inputs and capital goods. The appellant availed common input credit for use in manufacture of exempted p .....

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..... ht of the Finance Act, 2010 which introduced retrospective amendment to the said provisions. In denovo adjudication, the Commissioner confirmed the demand, interest and imposed penalties. Aggrieved, the appellant is now before the Tribunal. 2. The ld. counsel Shri Joseph Prabhakar appeared on behalf of the appellant. He submitted that the period of dispute is from February 2008 to December 2008. .....

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..... value of exempted clearances cannot sustain. 3. The ld. AR Shri R. Subramaniam supported the findings in the impugned order. 4. Heard both sides. 5. The Tribunal vide its earlier final order dated 8.11.2010 after noting that an amendment has been brought forth by the Finance Act, 2010 had remanded the matter to consider the issue in light of the retrospective amendment. The only allegation on w .....

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