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2018 (2) TMI 564 - AT - Central ExciseCENVAT credit - Naphtha which is used in their factory for generation of electricity and a part of such electricity so generated had been wheeled out to their sister unit - denial of proportionate credit of Naptha amounting ₹ 1,04,371/- used in the generation of electricity wheeled outside the factory - Held that: - the Appellants are not eligible to the credit on Naphtha used for generation of electricity wheeled outside the factory - reliance placed in the case of M/s. Maruti Suzuki Ltd. Versus Commissioner of Central Excise, Delhi-III [2009 (8) TMI 14 - SUPREME COURT], where it was held that appellant are not entitled to CENVAT credit to the extent of the excess electricity cleared at the contractual rates in favor of joint ventures, vendors etc., which is sold at a price - proportionate credit required to be reversed. Penalty - Held that: - due to conflicting views on the issue, imposition of penalty is uncalled for. Appeal allowed in part.
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