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TMI Blog2018 (6) TMI 1138X X X X Extracts X X X X X X X X Extracts X X X X ..... rcumstances in the appellant s own case considering all aspects of the case ULTRATECH CEMENT LTD VERSUS C.C.E S.T., BHAVNAGAR [2018 (2) TMI 564 - CESTAT AHMEDABAD] held that the 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. Credit rightly deni ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... through the Gujarat Electricity Board and also supplied to the places outside their factory. Alleging that the credit availed on furnace oil and Naphtha used in generation of electricity wheeled outside the factory not admissible to credit accordingly, periodical SCNs were issued for recovery of the credit so availed. On adjudication, the demand was confirmed with interest and penalty. Aggrieved b ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e Supreme Court in Hindustan Zinc Ltd. s case observed that Rule 57CC of erstwhile Central Excise Rules, 1944 is not applicable to sulphuric acid which is generated as a by-product during the course of manufacture of finished goods. It was held that the appellant therein were engaged in the manufacture of Zinc Copper and not sulphuric acid, which is a technological necessity, and emerges as a by ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... bunal 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 perused 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X
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