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2022 (6) TMI 3 - AT - Central ExciseAdmissibility of CENVAT Credit - capital goods used for setting up, erection and commissioning of the power plant - period December 2009 to February 2011 - penalty - HELD THAT:- Undisputedly the captive power plant was set up by the respondent for supply of uninterrupted power to their PVC plant and was supplying power to the PVC plant after stabilization of power supply therefrom. Since the fact of supply of the power to the PVC plant is not in dispute the availment of CENVAT Credit on the Capital Goods used for setting up the same cannot be disputed. There are no merits in the submissions of the Revenue that just because for some time in the initial stages of installing and commissioning of the plant, the respondents had supplied electricity to MSEDCL on commercial basis from their captive power plant the same can be a reason for denial of the cenvat credit in respect of the Capital Goods used for setting up the Captive Power Plant. Penalty - HELD THAT:- There are no merits in the appeals filed by the revenue against the order dropping the proceedings for imposition of penalty on the employees of respondent. Appeals filed by the Revenue are dismissed.
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