2012 (7) TMI 291

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.... Respondent   Per D.N. Panda   Pursuant to the order of the Hon ble High Court, Madras in C.M.P.948/2004 disposed on 12.9.2011 remanding the matter to the Tribunal for its consideration. The matter came up for hearing today. The order under challenge by Revenue before the Hon ble High Court was against the order of the Tribunal dated 11th July, 2005 holding that CENVAT credit on fu....

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....ruti Suzuki Ltd. Vs. CCE, Delhi.III [2009 (240) ELT 641 (SC)], the appellant shall reverse the extent of CENVAT Credit availed on furnace oil used to generate electricity and transmit the same to another company so also used to for purpose other than in manufacture.   3. On the ground that facts and figures were not available rightly to satisfy the Bench about the extent of reversal, the a....

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....n of electricity and transmission of such electricity to other units of the appellant and second issue was value of CENVAT credit to be reversed. The appellant fairly agreed before the Hon ble High Court of Madras as recorded in para 10 of the judgment in CMA. No.948/3006 that the first appellate authority was justified to direct reversal of the credit in respect of the electricity generated and s....

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....matter needs fresh consideration in terms of the judgment of the Hon ble High Court of Madras in the aforesaid CMA.   8. Till the matter reached its conclusion by the apex Court in the case of Maruti Suzuki (supra) there were different decisions of the subject of admissibility of CENVAT credit prevailed during different times. Therefore, levy of penalty on the appellant may not be called f....