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2019 (3) TMI 973 - AT - Central ExciseRestriction of CENVAT Credit - N/N. 14/97-CE(NT) dated 03.05.1997 - Restriction on credit in respect of LSHS - case of respondent is that the notification restricts the credit in respect of LSHS to the extent of 10% however the impugned order allows the cenvat credit of entire 15% to the respondent - Held that:- Notification 14/97-CE (NT) amends Notification 5/94-CE(NT) by introducing a proviso which restricts the availability of credit on certain fuel oils like LSHS to 10% ad valorum - In the present case it is not disputed that the item under dispute i.e. Gas Oil is also LSHS - In the present case, the respondent had voluntarily paid duty on the Gas oil consumed captively for generation of electricity. In terms of the decision of Hon’ble Apex Court in case of Indian Oil Corporation Ltd. (supra), the appellants were not liable to pay duty on the said material consumed captively. The respondent had paid duty on such captive clearances. The said payment of duty by the respondent was not disputed by them and consequently the said assessment has attained finality. Whether the appellant are entitled to take credit of the entire duty of 15% paid by them as credit when Notification No. 14/1997-CE (NT) restricts the same to 10%? - Held that:- In the plain and simple language of the notification and law, it is clear that the credit is restricted to 10%. Ld. Counsel has sought to invoke the reasons behind restricting the credit to 10% as enumerated in the trade notice number 56/1997-(S). It is seen that the notification 14/97-CE(NT) does not specify the intention behind the same. It merely restricts the credit to 10% - it cannot be held that the appellants are entitled to credit @ 15%, the plain and simple language of the Notification does not allow any scope of any interpretation. Appeal dismissed - decided against appellant.
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