(1.) On 11.01.2013, when this appeal came up for hearing before us, the following order was passed by us:-
(2.) The learned counsel for the respondent had taken time to take instructions as to whether the clearances, for which no duty has been paid for the months mentioned in the above order, could be subjected to central excise duty after giving the benefit of Cenvat credit to the appellant in accordance with law. The learned counsel for the appellant had stated categorically that the appellant was willing to pay whatever amount was calculated as per the record of clearances.
(3.) The learned counsel for the respondent informs us that he has taken instructions and that the department is not willing to accede to this proposal.