TMI Blog2008 (5) TMI 193X X X X Extracts X X X X X X X X Extracts X X X X ..... t as captive power plant and thus as part of the manufacturing unit, prima facie there does not appear to be any justification for denying service tax credit of the tax on insurance premium paid on captive power generation plant – stay granted - E/956/2008 - 605/2008-EX/(PB), - Dated:- 29-5-2008 - Justice S.N. Jha, President and Shri Rakesh Kumar, Member (T) Shri S. Vasudevan, Advocate, fo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... an input service used in or in relation to manufacture of aluminium products. Another ground for denying the credit, is that the power plant producing electricity, a non-excisable product, cannot be treated as a manufacturer and hence cannot take service tax credit and since it is not registered as an input service distributor, the service tax credit taken by it cannot be distributed and availed ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... plant and thereby treated the power plant as captive power plant and thus as part of the manufacturing unit, prima facie there does not appear to be any justification for denying service tax credit of the tax on insurance premium paid on captive power generation plant. The appellant, therefore, have a strong prima facie case in their favour and this is a case for full waiver of pre-deposit of the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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