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2016 (5) TMI 936 - CESTAT NEW DELHI

2016 (5) TMI 936 - CESTAT NEW DELHI - 2016 (335) E.L.T. 533 (Tri. - Del.) - Denial of claim for exemption on electric cables were supplied for river water pump house at project for drawing water from Godavari river - Notification No. 3/2004-CE dated 8.1.2004 - Revenue submitted that the Vemagiri Power Generation Ltd. was set up for the generation of power which is not entitled for said exemption - Held that:- the electric cables were supplied for river water pump house at project for drawing wat .....

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eal No. 631 of 2007 - Final Order No. 53838 /2015-EX(DB) - Dated:- 23-12-2015 - SHRI ASHOK JINDAL, MEMBER (JUDICIAL) AND MR. B RAVICHANDRAN, MEMBER (TECHNICAL) For the Petitioner : Ms. Neha Garg, DR For the Respondent : Shri P K Mittal, Advocate ORDER PER B RAVICHANDRAN: This appeal by Revenue is against order dated 22.12.2006 of Commissioner (Appeals), Jaipur I. The respondents cleared a consignment of electric cable claiming exemption of Central Excise duty under notification No. 3/2004-CE dat .....

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imposed equal penalty. On appeal, the Commissioner (Appeals) vide impugned order allowed the appeal. Aggrieved by this, the Revenue is in appeal before us. 3. Learned AR submitted that in the present case, the Vemagiri Power Generation Ltd. was set up for the generation of power and the pump house is set up for the said plant. The power generation plant is not entitled for the said exemption. The exemption is only for water supply plants which make the water fit for agriculture or industrial us .....

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