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2015 (6) TMI 1011 - AT - Central ExciseRequirement to pay 10% of the value of electrical energy produced from bagasse which is sold to M/s. UP Power Corporation Ltd. - Held that:- The facts of the case in hand are similar to the facts of the case of Gularia Chini Mills (2013 (7) TMI 159 - ALLAHABAD HIGH COURT ) wherein held that electricity generated from bagasse is not an excisable goods and does not qualify as tariff item as per Chapter 27 of the Central Excise Act, 1984. In these circumstances, the issue is answered in favour of the appellant that appellant is not required to pay 10% of the value of the electricity sold to M/s. UP Power Corporation Ltd. Further, also find that appellant has already reversed the Cenvat credit attributable to input/input services used in generation of electricity sold to M/s. UP Power Corporation Ltd. which is an essential requirement of Rule 6(3) of the Cenvat Credit Rules, 2004 and same has not been dealt by both the lower authorities. In these circumstances, hold that as the appellant has already reversed the Cenvat credit on input/input services attributable to generation of electricity sold to M/s. UP Power Corporation Ltd. is sufficient in compliance to provisions of Rule 6 of the Cenvat Credit Rules, 2004, therefore, the appellant is not required to pay 10% of the value of electricity sold to M/s. UP Power Corporation Ltd.- Decided in favour of assessee
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