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    <title>2014 (7) TMI 1117 - CESTAT MUMBAI</title>
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    <description>A captively consumed intermediate petroleum product such as BHGO can be treated as excisable if it is marketable, because marketability depends on capability of sale rather than actual sale. For captive consumption, duty protection depends on the relevant exemption framework: before 1-7-2001, fuel used within the refinery for electricity generation linked to manufacturing operations was not subject to duty, while for the later period exemption could apply only where the intermediate product was used in dutiable manufacture and any ineligible credit attributable to exempted goods was reversed with interest, as required by the retrospective credit-reversal scheme. Fuel used to generate electricity for administrative and canteen buildings remained dutiable because that use was not connected to manufacture, and penalty was not sustainable where the dispute turned on interpretation of law.</description>
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    <pubDate>Thu, 03 Jul 2014 00:00:00 +0530</pubDate>
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      <link>https://www.taxtmi.com/caselaws?id=169934</link>
      <description>A captively consumed intermediate petroleum product such as BHGO can be treated as excisable if it is marketable, because marketability depends on capability of sale rather than actual sale. For captive consumption, duty protection depends on the relevant exemption framework: before 1-7-2001, fuel used within the refinery for electricity generation linked to manufacturing operations was not subject to duty, while for the later period exemption could apply only where the intermediate product was used in dutiable manufacture and any ineligible credit attributable to exempted goods was reversed with interest, as required by the retrospective credit-reversal scheme. Fuel used to generate electricity for administrative and canteen buildings remained dutiable because that use was not connected to manufacture, and penalty was not sustainable where the dispute turned on interpretation of law.</description>
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