TMI Blog2012 (10) TMI 943X X X X Extracts X X X X X X X X Extracts X X X X ..... e 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 - Appeal No.E/381/2011 - - - ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 3. Ld. Counsel submits that the issue is finally settled in their own case against them by the decision of Hon'ble Supreme Court reported in 2009 (240) ELT 661 (SC). Therefore, there is no dispute about the non-availability of CENVAT Credit in respect of LSHS used for generation of electricity used elsewhere other than factory even though he submits that the decision in their own case was delive ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... arat 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, it would be unfair to uphold the penalty imposed on the appellant in this case. 6. Accordingly, the penalty im ..... X X X X Extracts X X X X X X X X Extracts X X X X
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