2011 (9) TMI 890

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..... JUDGMENT The Civil Miscellaneous Appeal is admitted on the following substantial question of law : "Whether the Tribunal is right in not considering the fact that MODVAT Scheme presently known as CENVAT credit deals only with the goods covered by the Central Excise Law and that Electricity is not a goods covered by the Central Excise Law?" 2. The question raised is as to the applicability .....

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..... but is actually exported to the TNEB, grid and is not eligible for Modvat credit as per Rule 57Q and the provisions of Rule 57R(2) of the Central Excise Rules, 1944. Hence show cause notice was issued to the assessee to disallow the wrong availment of credit of ₹ 582,400/- and recover the same under Rule 57U read with Section 11A of the Central Excise Act, 1944. The Appellate Commissioner o .....

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..... l (hereinafter referred to as "CESTAT") which is impugned in this appeal. The finding of the CESTAT in dismissing the appeal preferred by the Revenue is as follows : "After examining the records and hearing both sides, I find that the decision of Ld. Commissioner (Appeals) is well founded on binding case law. Ld. Commissioner (Appeals) has elaborately dealt with each and every issue and has rende .....

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