(Per : HONOURABLE MR.JUSTICE AKIL KURESHI) Learned counsel for the petitioner submitted that in view of the stand of the respondents, his alternative plea that the CENVAT credit utilized for payment of duty is restored, he would take up other issues in pending appeal before the Appellate Tribunal. Learned counsel for the revenue to take instructions on this aspect of the matter. At her request, therefore, adjourned to 13th December 2012. It is clarified that pendency of this petition will not preclude the Commissioner of Central Excise from considering the application of the petitioner dated 31st July 2012, copy of which, is produced at Annexure-N to the petition and taking final decision thereon. If any such decision is taken, the same may be placed on record before us on the next date of hearing.
(AKIL KURESHI,J.) (HARSHA DEVANI,J.) Vahid