TMI Blog2022 (4) TMI 473X X X X Extracts X X X X X X X X Extracts X X X X ..... T 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. - Excise Appeal No. 1070 of 2012 - A/85277/2022 - Dated:- 31-3-2022 - HON BLE MR. AJAY SHARMA, MEMBER (JUDICIAL) Shri Somesh Jain, Chartered Accountant, for the Appellant Shri Sanjay Hasija, Authorised Representative for the Respondent ORDER PER: AJAY SHARMA The issue involved in the ins ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... penalty to the extent of Cenvat Credit availed on inputs on the ground that it was reversed immediately by the appellant, but the penalty of ₹ 1,41,541/- was imposed for availing Cenvat credit on input services although the same was also reversed before the passing of the Order-in-Original. The learned Commissioner vide impugned order dated 16.4.2012 upheld the Adjudicating order and rejected the appeal filed by the appellants. 3. Learned Chartered Accountant for the appellant confining his arguments to the penalty only, submits that the issue relates to interpretation of legal provision which has been amended multiple times and due to conflicting views on the issue, imposition of penalty is uncalled for. In support of his submissi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... I find that this Tribunal in similar circumstances in the appellant s own case considering all aspects of the case including the ratio in Hindustan Zinc Ltd. s case observed as follows : 5. Heard both sides and persued the record. I find that the issue of eligibility of CENVAT credit on the quantum of Naphtha used in generation of steam which in turn used for generation of electricity in the factory premises and wheeled out to their sister concern is squarely covered by the judgement of the Hon ble Supreme Court in the case of Maruti Suzuki Ltd s case (supra). Therefore, the Appellants are not eligible to the credit on Naphtha used for generation of electricity wheeled outside the factory as held by the Ld. Commissioner (Appeals) in ..... X X X X Extracts X X X X X X X X Extracts X X X X
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