AGK AGK AGK IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION CENTRAL EXCISE APPLICATION NO.6 OF 2002 The Commissioner of Central Excise, Mumbai VI, Mumbai ..Applicant V/s. Bullows Paint Equipment Pvt. Ltd. ..Respondent. Mr.R.V. Desai with Mr.Rajinder Kumar for the applicant. Mr.P.K. Shetty for the respondent. CORAM : SMT.RANJANA DESAI & J.P. DEVADHAR, JJ. DATED : 2ND FEBRUARY, 2009. P.C. : 1. This application was admitted on 4-5-2005 on the following substantial question of law : Whether the assessee can be allowed to retain and make use of inadmissible modvat credit even if there is clarification from Board vide Circular No.275/109/96-CX dated 29-11-1999 that the period of six month should be computed from the date of payment of duty in case of imported inputs ? 2. By consent, the central excise application is treated as statement of case / reference and the same is taken up for hearing by consent of both the parties. 3. Learned counsel on both sides agree that in view of the Larger Bench decision of the tribunal in MRP Limited Vs. Commissioner of Central Excise, MRP Limited Vs. Commissioner of Central Excise, MRP Limited Vs. Commissioner of Central Excise, Mangalore, 2007 (208) E.L.T. 19 (Tri. - LB) Mangalore, 2007 (208) E.L.T. 19 (Tri. - LB) Mangalore, 2007 (208) E.L.T. 19 (Tri. - LB) as also in the light of Notification Notification Notification No.7/99-C.E.(N.T.) dated 9-2-1999 No.7/99-C.E.(N.T.) dated 9-2-1999 No.7/99-C.E.(N.T.) dated 9-2-1999, the decision of the tribunal be set aside and the matter be remitted back to the tribunal to pass fresh order in accordance with law. Accordingly, the order of the tribunal dated 28-8-2001 is set aside and the matter is remitted back for denovo consideration in accordance with law. 2. The application / reference is disposed of accordingly. (Judge) (Judge)