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2015 (2) TMI 515 - AT - Central ExciseDenial of Cenvat Credit - generation of electricity in captive power plant - electricity was sold to M/s. Ajmer Vidyut Vitran Nigam Ltd. and some electricity was cleared to their sister unit. - Held that:- Considering the fact that the electricity which was cleared by M/s. Ajmer Vidyut Vitran Nigam Ltd. the appellant is not entitled to take Cenvat Credit on inputs which are attributable to the electricity sold to M/s. Ajmer Vidyut Vitran Nigam Ltd. Therefore, appellants are required to reverse the amount of inputs used in generation of electricity sold to M/s. Ajmer Vidyut Vitran Nigam Ltd. Further, I find that the electricity which was transferred to their sister unit for manufacturing of final product, the appellant is entitled to take Cenvat Credit as held by this Tribunal in their own case. As the fact of clearance of electricity to M/s. Ajmer Vidyut Vitran Nigam Ltd. came to the knowledge during the course of investigation otherwise the appellant would not have reversed the said credit and the same fact has not been brought in the knowledge of the department. Therefore, appellant is liable to be penalised on that account - Decided against assessee.
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