TMI Blog2018 (11) TMI 1367X X X X Extracts X X X X X X X X Extracts X X X X ..... of it is transmitted to KPTCL. This Bench in the case of Nizam Deccan Sugars Ltd. [2008 (2) TMI 162 - CESTAT, BANGALORE] held that capital goods used in Go-Gen power plants for generation of electricity part of which is used by the manufacturers of final product and part of it is sold to power distribution companies are admissible for credit. Credit allowed - appeal allowed - decided in fav ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ous items like transformers, isolated panels, and towers etc. which are used in the Co-Gen plant exclusively for transmission of excess power to KPTCL and credit availed on items which are used in or relation to manufacture of final products is ineligible. A SCN dated 21.07.2008 was issued to the appellants proposing to deny CENVAT Credit of ₹ 65,79,902/- and proposing to appropriate ₹ ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Thus, the Commissioner held that out of ₹ 65,79,902/-/ sought to be denied in the SCN, ₹ 56,52,463/- is not admissible. As the appellants have reversed ₹ 52,94,845/-, the Commissioner has imposed penalty equivalent to the balance of ₹ 3,57,618/-. 3. Aggrieved by the above, the appellants have filed this appeal. The learned counsel for the appellants has submitted that ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... T. 1102 (Tri. - Bang.). (vii) Final Order No. 51098/2018 dated 27.03.2018- CESTAT New Delhi. (viii) Commr. of C.Ex., Panchkula Versus Jai Forgings and Stamping (P) Ltd. 2008 (11) S.T.R. 423 (P H). (ix) Commr. of C. EX., Coimbatore Versus 2001 (132) E.L.T. 3 (S.C.). 4. The learned AR has reiterated the findings of the Commissioner. 5. Heard both sides and perused th ..... X X X X Extracts X X X X X X X X Extracts X X X X
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