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2022 (4) TMI 473 - AT - Central ExciseLevy of penalty under Rule 15 of Cenvat Credit Rules, 2004 - CENVAT Credit - input services - transporting Furnace Oil to the plant for generation of electricity for supplying to the residential colony - credit denied on the ground that it was not used for manufacture of the excisable goods - HELD THAT:- Since the issue is only about the penalty of ₹ 1,41,541/- imposed on appellants for wrongly availing Cenvat credit on input services therefore, other details of the matter, are not perused. This Tribunal also in the matter of M/S ULTRATECH CEMENT LTD. VERSUS C.C.E. & S.T. BHAVNAGAR [2018 (6) TMI 1138 - CESTAT AHMEDABAD] where it was held that Appellants are not eligible to the credit on Naphtha used for generation of electricity wheeled outside the factory and due to conflicting views on the issue, imposition of penalty is uncalled for. In view of the peculiar facts of this case no penalty is imposable on the appellants for wrongly availing Cenvat credit on input services - Appeal allowed - decided in favor of appellant.
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