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    <title>2016 (5) TMI 1117 - CESTAT ALLAHABAD</title>
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    <description>Electrical energy generated in a sugar factory from bagasse and sold as surplus was treated as non-excisable, so Rule 6 of the Cenvat Credit Rules, 2004 did not require payment of 10% of its value. The Tribunal accepted that such electricity was not an exempted final product for Rule 6 purposes under Section 2(d) of the Central Excise Act, 1944. It also noted that credit attributable to inputs and input services used for generation of the electricity sold outside had already been reversed, which satisfied the Cenvat requirement. The demand, interest and penalty were therefore unsustainable.</description>
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    <pubDate>Tue, 19 Jan 2016 00:00:00 +0530</pubDate>
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      <title>2016 (5) TMI 1117 - CESTAT ALLAHABAD</title>
      <link>https://www.taxtmi.com/caselaws?id=328136</link>
      <description>Electrical energy generated in a sugar factory from bagasse and sold as surplus was treated as non-excisable, so Rule 6 of the Cenvat Credit Rules, 2004 did not require payment of 10% of its value. The Tribunal accepted that such electricity was not an exempted final product for Rule 6 purposes under Section 2(d) of the Central Excise Act, 1944. It also noted that credit attributable to inputs and input services used for generation of the electricity sold outside had already been reversed, which satisfied the Cenvat requirement. The demand, interest and penalty were therefore unsustainable.</description>
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