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2015 (2) TMI 266 - AT - Central ExciseBenefit of Cenvat Credit - Captive consumption of electricity - Held that:- Appellant company had wheeled out a portion of the electricity to their sister unit viz., Ashoka Spintex for manufacturing of the excisable goods. The Hon ble Supreme Court directed the Adjudicating Authority to calculate and charge duty or reverse credit to the extent the electricity cleared at a price to their sister company. Assessee has shown the amount in their books of accounts for clearance of electricity to the other units. - Adjudicating Authority confirmed the demand of cenvat credit on the basis of the Chartered Engineers certificate dtd 21.12.2009, of the appellants own evidence. In view of the decision of Tribunal in the case of Modern Food Industries Ltd (1988 (7) TMI 190 - CEGAT, NEW DELHI) the transfer of the amount of their sister unit by book adjustment would be treated as amount charged to the other unit. In our considered view, the Adjudicating Authority rightly confirmed the reversal of credit. The case of SRF Ltd (2014 (2) TMI 280 - MADRAS HIGH COURT) relied upon by the Ld Advocate would not be applicable in the present case. In that case, the Hon ble High Court remanded the matter to the Tribunal for factual adjudication. In the present case the Hon ble Supreme Court remanded the matter to the Adjudicating Authority with certain directions on factual basis. So, the order of recovery of Cenvat Credit as held by the Adjudicating Authority is sustainable. - we upheld adjudication order to the extent of recovery of cenvat credit. In so far as, the order of the recovery of interest, the matter is remanded to Adjudicating Authority to decide afresh, after considering the facts and the case laws relied upon by them - Appeal disposed of.
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