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2016 (2) TMI 863 - CESTAT NEW DELHIDuty liability - assessee liable to pay 8% or 10% of the value of electricity cleared outside in terms of Rule 6 of Cenvat Credit Rules - proportionate reversal of credit - Held that:- The Tribunal in the case of Standards Intl. Precision Engineers P. Ltd. vs. CCE, Bangalore - II (2010 (6) TMI 395 - CESTAT, BANGALORE ) held that when the credit attributable to inputs or input services used in or in relation to manufactured of exempted goods is reversed the same should be considered as sufficient compliance of the provisions of Rule 6 (4). The Hon'ble Supreme Court in the case of Maruti Suzuki Ltd. vs. CCE, Delhi - III (2009 (8) TMI 14 - SUPREME COURT) held that the Cenvat credit could not be admissible for the inputs attributable to the generation of electricity wheeled out. As such, we find that the respondents have not taken any undue benefit and they have reversed the credit attributable to the electricity cleared outside. There is no cause for initiating action for recovery of 8% or 10% of the value of such electricity. - Decided against revenue
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