2012 (11) TMI 32

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....a and some other fertilizers and one of the inputs is Low Sulphur Heavy Stock (LSHS). Steam is produced by using LSHS as fuel, which in turn, is used for generation of electricity. While there is no dispute for CENVAT Credit availability in respect of LSHS used for generation of electricity which, in turn, is used in the factory for production, a dispute has arisen in respect of CENVAT Credit avai....

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....t in view of the fact that Hon'ble High Court of Gujarat as well as the Tribunal had taken a view in their favour, imposition of penalty by the lower authorities cannot be justified.   4. Ld.A.R. relies upon the decision of Hon'ble Supreme Court in the case Punjab Tractors Ltd 2005 (181) ELT 380 (SC) to submit that once credit taken is wrong, there is a contravention of rule and once there i....