Home Case Index All Cases Central Excise Central Excise + AT Central Excise - 2012 (10) TMI AT This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2012 (10) TMI 943 - AT - Central ExciseCENVAT Credit - Credit availability in respect of LSHS used for generation of electricity - Interest and penalty - Held that:- Since on the very same issue, this Tribunal as well as Hon'ble High Court of Gujarat has taken a view that the assessee is eligible for credit, it becomes quite clear that the issue is one of interpretation of provisions of statute and interpretation of facts. When two views are possible and the Tribunal and Hon'ble High Court had taken a view in assessee’s favour in [2012 (11) TMI 32 - CESTAT, AHMEDABAD], it would be unfair to uphold the penalty imposed on the appellant in this case - Interest and demand upheld - Decided partly in favour of assessee
|