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2017 (2) TMI 715 - AT - Central ExciseCENVAT credit - captive consumption - merger of the units - whether the appellant is entitled to the Cenvat credit of duty paid on the inputs and input services utilized at their Captive Power Plant, which is located at Renusagar, almost 50 KM away from the factory? - The main ground for denial is that the power plant does not belong to appellant (Hindalco) and services availed by subsidiary company (Renusagar Power Plant) cannot be given credit to appellant. Held that: - The Hon'ble Delhi High Court approved the scheme of amalgamation which resulted in the merger of Hindalco Industries Limited and Renusagar Power Company Limited. As such there can be no dispute about the fact that power plant at Renusagar belonging to the appellant. Hence, the basis of Member (Technical)finding that the power plant belongs to subsidiary unit is factually incorrect. Hence, the reasoning followed is untenable. Credits of duty paid on services availed with reference to Renusagar Power Plant are rightly eligible to the appellant - Decision in the case of 1988 (7) TMI 367 - SUPREME COURT OF INDIA [1988 (7) TMI 367 - SUPREME COURT OF INDIA] followed. - decided in favor of appellant.
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