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TMI Blog2017 (12) TMI 1247X X X X Extracts X X X X X X X X Extracts X X X X ..... K. Agarwal, Addl. Dy. Commissioner(A.R.) for the Respondent ORDER Per: Ramesh Nair The appellant, M/s. Deepak Fertilisers & Petrochemicals Corporation Ltd are engaged in the manufacture of excisable goods under Chapter 28, 29 and 31 of Central Excise Tariff Act, 1985. Appellant are using duty paid 'Naphtha' as one of the their input for generation of steam which was further used in th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... eration of 146216 MT of steam out of which 10199 MT of steam generated from 1314 MT of Naphtha was used in the manufacture of exempted fertilizers. Therefore, the Cenvat credit amounting to Rs. 1,08,01,429/- and 61,13,610/- respectively attributed to that part of the Naphtha which was used in the generation of steam which was in turn used in the manufacture of exempted fertilizers was not admissib ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... August, 2007 Cenvat credit on Naphtha comes to Rs. 27,76,120.57/-. She further submits that issue involved was interpretation of law and the matter was decided by the Larger bench, therefore there is no malafide intention on the part of the appellant accordingly, penalty should not have been imposed. 3. On the other hand, Shri. V.K. Agarwal, Ld. Addl. Commissioner(A.R.) appearing on behalf of the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sel has raised the issue of quantification dispute of the Cenvat credit on Naphtha on the basis that other than the Naphtha some other fuel such as natural gas, furnace oil were used. Accordingly, quantum of Naphtha against total generation of steam will stand reduced, however this being matter of fact, has to be verified. We are of the view that matter may be sent to the adjudicating authority fo ..... X X X X Extracts X X X X X X X X Extracts X X X X
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