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2019 (3) TMI 1367

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..... R The appellant is engaged in the manufacture of 'chains' and 'sprockets' and are availing the facility of credit on various input services relating to windmills. The appellant had entered into two Energy Wheeling Agreements [EWA] with M/s. Tamil Nadu Electricity Board [TNEB] assigning the windmills generators with their manufacturing Unit. The agreement provided for supply of electricity genera .....

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..... bmitted that prior to Jan, 2012, the electricity was consumed by appellant and, therefore, the appellant was availing the credit. From Jan.'12 to Sept.'14, though the electricity was wheeled out to TNEB, so as to supply to their sister Unit, instead of the sister Unit availing the credit, the appellant continued to avail the credit on input services relating to the windmill. He submitted that on r .....

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..... he sister Unit. The credit availed being ineligible, the demand, interest and penalties imposed are legal and proper. 4. Heard both sides. 5. The learned counsel for the appellant has contested the appeal only on the ground of penalty imposed. It is submitted that the appellant has reversed the credit before issuance of the show-cause notice. Undisputedly, the sister Unit would be eligible for t .....

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