Home Case Index All Cases Central Excise Central Excise + AT Central Excise - 2013 (12) TMI AT This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2013 (12) TMI 877 - AT - Central ExciseCenvat credit on Low Sulphur Heavy Stock – Use of fuel in generation of electricity further used - Held that:- The Commissioner (A) has set aside the order in original and allowed the appeal of the respondent holding that the cenvat credit is admissible on quantity of LSHS used in for generation of steam/electricity which is further used in the manufacture of fertilizers – M/s. Maruti Suzuki Ltd. Versus Commissioner of Central Excise, Delhi-III [2009 (8) TMI 14 - SUPREME COURT ] - the assessee is not entitled to cenvat credit in respect of LSHS used in generation of steam/electricity which is further used in the manufacture of fertilizers - the findings of the Commr (A) with regard to eligibility of cenvat credit on Low Sulphur Heavy Stock. Imposition of Penalty – Conflicting views on penalty - Penalty is not leviable on appellant/assessee, particularly when in large number of other cases, on account of conflict of views expressed by various Tribunals/High Court, the assesses have also succeeded - No penalty is imposable on the assessee – relying upon M/s. Maruti Suzuki Ltd. Versus Commissioner of Central Excise, Delhi-III [2009 (8) TMI 14 - SUPREME COURT] – Decided partly in favour of Revenue.
|