TMI Blog2018 (5) TMI 1707X X X X Extracts X X X X X X X X Extracts X X X X ..... factory premises and consumed for production of excisable goods, assessee is entitled to avail Cenvat credit on inputs used for generation of electricity or steam and that if any surplus electricity is wheeled out, to that extent assessee is not entitled to avail Cenvat Credit in respect of inputs utilized for generation of electricity which is not used within factory premises. Appellant havin ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ecember 2010 and had captively consumed said power for manufacturing of dutiable products, at the same time, part of the surplus power was sold to Andhra Pradesh State Government Grid. It is the case of the revenue that electricity being not excisable goods, appellant having not maintained separate records for consumption of duty paid common inputs is liable to pay an amount which is calculated at ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... duction of excisable goods, assessee is entitled to avail Cenvat credit on inputs used for generation of electricity or steam and that if any surplus electricity is wheeled out, to that extent assessee is not entitled to avail Cenvat Credit in respect of inputs utilized for generation of electricity which is not used within factory premises. 6. We find that appellant had, reversed the entire am ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... iced that by retrospective amendment by section 73 of the finance act 2010 (Act No. 13 of 2010), in the eighth schedule it was provided that in respect of common inputs, an assessee is required to pay an amount equivalent to the Cenvat Credit attributable to the proportionate utilisation of common inputs in the exempted goods. In our view, appellant having reversed the entire Cenvat Credit attribu ..... X X X X Extracts X X X X X X X X Extracts X X X X
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