PER: M.M. PARTHIBAN

Pursuant to the remand directions contained in the Orders dated 11.07.2024, 18.02.2025 and 08.07.2025 passed by the Hon’ble High Court of Bombay in Central Excise Appeal No.35 of 2022, this appeal is being taken up for hearing.

2.1 Briefly stated, the facts of the case are that the Order-in-Original No. 03/MS-03/Th-I/2009 dated 31.03.2009 (for short, referred to, as ‘the impugned order’), passed by the Commissioner of Central Excise, Thane-I, both the assessee-appellant as well as the Revenue had filed appeals before the Tribunal, which were disposed of vide common Final Order No. A/85237-85240/2022 dated 28.03.2022, in the following manner:

(i) Appeal No. E/843/2009 was partly allowed by reducing the penalty imposed on Shri Prakash Jokhani from Rs.20,00,000/- to Rs.5,00,000/-;

(ii) Appeal No. E/844/2009 were also partly allowed by holding that the CENVAT credit availed after revocation of Rule 12B with effect from 9.7.2004 is in order and upheld part of the duty demand to the extent of Rs.1,21,61,218/- being fraudulently availed CENVAT credit along with interest under Section 11AB of Central Excise Act, 1944 and penalty under Rule 13 of CENVAT Credit Rules read w