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2015 (10) TMI 1207 - AT - Central ExciseReversal of CENVAT Credit - Credit on furnace oil used in generation of steam and in turn used in the manufacture of electricity - Held that:- Commissioner (Appeals) has allowed the respondent's appeal and held that furnace oil used in the generation of steam which in turn used for manufacture of electricity following Tribunal's decision in the case of CCE Vs Sudarshanam Spinning Mills (2004 (1) TMI 162 - CESTAT, CHENNAI) which was challenged by Revenue before Hon'ble High Court, Madras [2011 (8) TMI 1074 - MADRAS HIGH COURT]. The Hon'ble High Court by its order dt. 4.8.2011 dismissed the CMA filed by Revenue upholding Tribunal's decision on the issue. Therefore, the issue has attained finality in view of judgement of Hon'ble High Court, Madras. Therefore, judgement of jurisdictional High Court, Madras is binding on this Tribunal. Accordingly, we hold that respondents are eligible for cenvat credit on furnace oil. By respectfully following the Hon'ble High Court's order (supra), we find that there is no infirmity in the order of the L.A.A - Decided against Revenue.
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