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    <title>2008 (2) TMI 162 - CESTAT, BANGALORE</title>
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    <description>Cenvat credit on capital goods used in a co-generation plant was admissible where the plant generated power for captive use in sugar manufacture and only the surplus was sold outside, because the goods were not used exclusively for exempted products; the disallowance was unsustainable. A demand raised beyond the normal period was also held time-barred, as the assessee had already disclosed the plant and its intended use to the department, so suppression of facts could not be alleged and the extended limitation period could not be invoked. Credit, interest and penalty were set aside.</description>
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      <link>https://www.taxtmi.com/caselaws?id=4684</link>
      <description>Cenvat credit on capital goods used in a co-generation plant was admissible where the plant generated power for captive use in sugar manufacture and only the surplus was sold outside, because the goods were not used exclusively for exempted products; the disallowance was unsustainable. A demand raised beyond the normal period was also held time-barred, as the assessee had already disclosed the plant and its intended use to the department, so suppression of facts could not be alleged and the extended limitation period could not be invoked. Credit, interest and penalty were set aside.</description>
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