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2017 (1) TMI 413 - AT - Central ExciseReversal of CENVAT credit - Rule 6 (3)(i) of the CENVAT Credit Rules, 2004 - the electricity produced was supplied to UP Power Corpn. Ltd. For the production of the electricity, the baggase, the waste, which is generated during the manufacture of sugar, is further used - Held that: - An identical issue has come up in the case of DSM Sugar Mills Ltd.,[2014 (7) TMI 531 - CESTAT NEW DELHI], where the Tribunal has held that electricity is not an excisable good and hence, in respect of the sale of the electricity to U.P. Power Corporation Ltd., the provisions of Rule 6(3) of the Cenvat Credit Rules would not be applicable - demand not sustainable. CENVAT credit - premium on various insurance policies regarding stock, money, transit, workmen compensation, etc - Held that: - the assessee has purchased the insurance policies for its workers. So, the premium paid is the input service. So, the assessee is entitled for cenvat credit as observed in the impugned order. Appeal allowed - decided in favor of appellant.
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