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2016 (8) TMI 624 - CESTAT NEW DELHI

2016 (8) TMI 624 - CESTAT NEW DELHI - TMI - 8%/10% reversal of Cenvat Credit - value of electricity - provision of Rule 6(3)(b) - assessee had reversed Cenvat Credit on duty involved in respect of inputs used in the generation of electricity and the lower appellate authority granted relief to the assessee - Held that:- the issue stands covered by the earlier decision of the Tribunal in the case of CCE, Raipur Versus M/s Godawari Power And Ispat Ltd. [2016 (2) TMI 863 - CESTAT NEW DELHI]. Therefo .....

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g both the sides we find that the dispute in the present appeal relates to 8% / 10% reversal of Cenvat Credit on the value of electricity in terms of the provision of Rule 6(3)(b). As the assessee had reversed Cenvat Credit on duty involved in respect of inputs used in the generation of electricity, the lower appellate authority granted relief to the assessee which stands challenged in the present appeal of the Revenue. 3. Ld. Advocate appearing for the respondent has brought to our notice earli .....

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t have calculated and debited the credits attributable to such electricity cleared outside even before the issue of notice. The issue relating to proportionate reversal of credit in such situation has been a subject matter of many decisions by the Tribunal and the Courts. The Tribunal in the case of Standards Intl. Precision Engineers P. Ltd. vs. CCE, Bangalore II (supra) held that when the credit attributable to inputs or input services used in or in relation to manufactured of exempted goods i .....

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