TMI Blog2015 (7) TMI 665X X X X Extracts X X X X X X X X Extracts X X X X ..... and is pending, we notice that the Supreme Court in case of Collector of Central Excise v. Solaris Chemtech Limited reported in [2007 (7) TMI 2 - SUPREME COURT OF INDIA] has occasion to deal with a substantially similar issue. It was held that when inputs are used to generate electricity which are captively consumed for manufacture of final product, the assessee would be entitled to Modvat Credit ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... goods viz. Pipes, cables, valve, cooling tower, etc. used in the erection of power plant for generation of electricity by relying upon decision rendered by Chennai Bench of Tribunal in the case of Kothari Sugar Chemicals Ltd. reported in 2006 (196) E.L.T. 35 (T) which has not attained finality and CMA No. 2671/2007 filed against the said decision is admitted and pending for final decision befor ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... usion : 2. Yet another decision of the Tribunal (Division Bench) which is in favour of the assessee on similar set of facts is in the case of Commissioner of Central Excise, Raipur v. Jindal Steel and Power Ltd. [2003 (158) E.L.T. 178 (Tri.-Del.)], wherein capital goods credit was allowed in respect of capital goods used in power plant for manufacture of steel, to generate electricity, which w ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nly used captively. In the present case also the Tribunal has recorded that, It is undisputed in the case in hand that appellants have been consuming the electricity mostly in their factory premises and little surplus electricity was sold and put into electricity board. 5. We have proceeded on the basis of such admitted facts. Quite apart from the decision of the Chennai Bench in case of Koth ..... X X X X Extracts X X X X X X X X Extracts X X X X
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