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TMI Blog2016 (12) TMI 1533X X X X Extracts X X X X X X X X Extracts X X X X ..... ed 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ondent. 3.00. It is not in dispute that while passing the impugned judgement and order, the learned tribunal relied upon the decision of the Larger Bench of the tribunal in the case of Nicholas Piramal (India) Limited, reported in 2008-TIOL-614- CESTAT-MUM. 4.00. It is not in dispute that the aforesaid decision of the learned tribunal has been subsequently reversed / set aside by the Hon ble Bombay High Court in the decision reported in 2009 (244) ELT 321. 5.00. Under the aforesaid circumstances, the impugned judgement and order passed by the learned tribunal cannot sustained and the same deserves to be quashed and set aside. 6.00. At this stage, Mr.Modh, learned advocate appearing on behalf of the respondent has vehemently subm ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... eavily relied upon the decision of the Division Bench of this Court in the case of Shree Rama Multi Tech Ltd. Versus Union of India, reported in 2011 (267) ELT 153 (Gujarat) . 7.00. Having heard the learned advocates appearing on behalf of the respective parties and 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 (supra), which subsequently has been reversed / set aside by the Hon ble Bombay High Court in the recent decision reported in 2009 (244) ELT 321, the impugned judgement and order passed by the learned tribunal cannot be sustained and the same deserves to be quas ..... X X X X Extracts X X X X X X X X Extracts X X X X
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