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2016 (10) TMI 66 - AT - Central ExciseReversal of cenvat credit - Rule 6(3) of Cenvat Credit Rules, 2004 - electricity generated out of Bagasse - consideration received by appellant for supply of electricity to the State Grid of Electricity - Held that:- the issue has been finally decided by the Hon'ble Supreme Court in the case of Union of India Vs. DSCL Sugar Ltd. [2015 (10) TMI 566 - SUPREME COURT] wherein the Hon'ble Supreme Court of India have held that Bagasse is only an agricultural waste and residue and there cannot be any Excise duty on Bagasse. The Hon'ble Supreme Court has further ruled that Cenvat credit in respect of electricity was denied only on the premises that Bagasse attracts Excise duty and consequently Rule 6 of Cenvat Credit is applicable and the Hon'ble Supreme Court has found such action to be erroneous. Therefore, by following the same the impugned orders are set aside. - Decided in favour of appellant
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