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TMI Blog2010 (4) TMI 285X X X X Extracts X X X X X X X X Extracts X X X X ..... v Kaushik, Advocate for the respondent. Ashutosh Mohunta, J. (Oral) The appellant-assessee has filed the instant appeal impugning the order dated 24.2.2006 passed by the Customs, Excise and Service Tax Appellate Tribunal, vide which, the Modvat credit was denied to it (assessee) on the ground that the electricity produced by it was captively used for the plant as well as in the residential area ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d. v. Union of India reported as 1998 (99) E.L.T. 33. While admitting the present appeal, the following substantial questions of law arise for consideration by this Court:- (a) Whether the Tribunal was justified in invoking extended period of limitation when the department was aware of the fact that the appellants were availing the benefit of Notification No.67/95-CE? (b) Whether the Tribunal w ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... arned counsel for the parties, we are of the considered view that the assessee is not entitled to avail the Cenvat credit to the extent of excess electricity consumed in the residential area of the Refinery. However, as far as the penalty is concerned, it has been observed by the Apex Court in para 21 in Maruti Suzuki Ltd.'s case (supra) as under:- "Before concluding, it may be clarified that on ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d observations made by the Hon'ble Supreme Court in Maruti Suzuki Ltd.'s case (supra) also come to the rescue of the assessee. Resultantly, the instant appeal is partly allowed and the impugned orders passed by the authorities below are modified to the extent that no penalty shall be leviable from the assessee.
(Ashutosh Mohunta) Judge
(Mehinder Singh Sullar) Judge
8.4.2010 X X X X Extracts X X X X X X X X Extracts X X X X
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