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TMI Blog2013 (6) TMI 631X X X X Extracts X X X X X X X X Extracts X X X X ..... gh, Technical Member 1. This appeal has been filed by M/s. GSL (India) Limited against the order in appeal No. RS/365/SRT-II/06 dated 24.11.2006, in which the Commissioner (Appeals) has held that the assessee is not eligible to avail the modvat credit on Extra low Sulphur oil. Revenue is also challenging the same impugned order for non-charging of interest and for setting aside the penalty on the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... st was also demanded on the said modvat credit. The assessee preferred appeal before the Commissioner (Appeals) who allowed their appeal holding that ELS is not HSD and is eligible for modvat credit. Department preferred an appeal before the Tribunal and Tribunal vide order dated 04.03.2002 remanded the matter back to the Commissioner (Appeals). The present order in appeal is passed by the Commiss ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... present appeal is whether ELS is different from the HSD for the purpose of availing modvat credit. Commissioner (Appeals) in his order has relied upon the letter received from Indian Oil Corporation Limited under which the minutes of Industry Meeting held at Oil Coordination Committee at New Delhi on introduction of ELS-HSD was forwarded. In the said minutes, all the participants of committee have ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... D and accordingly, we do not find any infirmity in the impugned order in appeal with regard to disallowing the modvat credit on ELS. 6. As regards the appeal filed by the Revenue, we find that Commissioner (Appeals) has held that modvat credit on ELS is not admissible to the appellant assessee. Since the modvat credit has been denied, the assessee also has to pay interest on the modvat credit dem ..... X X X X Extracts X X X X X X X X Extracts X X X X
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