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2019 (8) TMI 418 - AT - Central ExciseCENVAT credit - captive consumption - electricity used captively for manufacture of excisable goods and the excess/surplus quantity of electricity is sold to outside to power distribution companies for a consideration - Rule 6(3)(i) of the CENVAT Credit Rules, 2004 - HELD THAT:- This issue is no more res integra and has been settled in favour of the assessee by this Tribunal in the case of M/S. VENKATESHWARA POWER PROJECTS LTD., M/S. THE UGAR SUGAR WORKS LTD., M/S. EID PARRY (INDIA) LTD., M/S. SRI SRIVSGAR SUGAR & AGRO PRODUCTS LTD. VERSUS COMMISSIONER OF CENTRAL GOODS & SERVICE TAX [2018 (11) TMI 913 - CESTAT BANGALORE] where it was held that the demand of 6% of the value of electricity sold to various companies is not sustainable in law. Appeal allowed - decided in favor of appellant.
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