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TMI Blog2017 (3) TMI 1360X X X X Extracts X X X X X X X X Extracts X X X X ..... nt - Held that: - the issue is no more res integra and covered by the decision of Hon'ble Gujarat High Court in the case of Sintex Industries Ltd, Tribunal below rightly applied the above decision of the Supreme Court in the case of Maruti Suzuki Ltd. [2009 (8) TMI 14 - SUPREME COURT] to the facts of the present case as the assessee is entitled to credit on the eligible inputs utilized in the gene ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n generation of electricity, a portion of which was sold to Gujarat Electricity Board and remaining portion cleared to their Vadodara plant. Alleging that the said credit not used in or in relation to the manufacture of finished products in their Bharuch plant, Show Cause Notice was issued for recovery of the credit along with proposal for penalty. On adjudication, the demand was confirmed with eq ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... hat in any case, penalty under Rule 15(2) read with Section 11AC of Central Excise Act, 1944 cannot be imposed as the law at the relevant point of time the issue was not settled and conflicting views were there on the subject. In support, he has referred to the judgment of Hon'ble Supreme Court in the case of Maruti Suzuki Ltd Vs CCE Delhi-III - 2009 (240) ELT 641 (SC) and in the case of CCE V ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 9;ble Gujarat High Court in the case of Sintex Industries Ltd, wherein by following the judgment in the case of Maruti Suzuki, their Lordships observed as follows:- "13. We, therefore, find that the Tribunal below rightly applied the above decision of the Supreme Court in the case of Maruti Suzuki Ltd. to the facts of the present case as the assessee is entitled to credit on the eligible inputs u ..... X X X X Extracts X X X X X X X X Extracts X X X X
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