TMI Blog2012 (11) TMI 32X X X X Extracts X X X X X X X X Extracts X X X X ..... E Versus M/s. Gujarat Narmada Fertilizers Co. Ltd. (2009 (8) TMI 15 - SUPREME COURT). As decided in assesse's own case wherein in view of the fact that Hon'ble High Court of Gujarat as well as the Tribunal had taken a view in their favour & when two views are possible and the Tribunal and Hon'ble High Court had taken a view in assessee's favour, it would be unfair to uphold the penalty imposed ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Credit availed on LSHS attributable to electricity diverted for staff colony and also delivered to electricity grid of Gujarat Electricity Board as sale. 2. Heard both the sides. 3. Ld.Counsel submits that the issue is finally settled in their own case against them by the decision of Hon'ble Supreme Court reported in 2009 (240) ELT 661 (SC). Therefore, there is no dispute about the non-avail ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... re is a contravention, penalty is imposable. 5. I have considered the submissions made by both sides. Since on the very same issue, this Tribunal as well as Hon'ble High Court of Gujarat has taken a view that the assessee is eligible for credit, it becomes quite clear that the issue is one of interpretation of provisions of statute and interpretation of facts. When two views are possible and t ..... X X X X Extracts X X X X X X X X Extracts X X X X
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