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    <title>2019 (4) TMI 642 - CESTAT BANGALORE</title>
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    <description>Rule 6 of the CENVAT Credit Rules, 2004 was held inapplicable to a demand of 6% on the value of bagasse sold, because earlier binding decisions had already treated bagasse and electricity generated from bagasse as outside the mischief of Rule 6 where the rule&#039;s conditions were not met. The Tribunal noted that the issue was no longer res integra and that the Revenue&#039;s reliance on a later amendment did not justify departure from the settled position on the facts. The demand was therefore unsustainable, the assessee&#039;s relief was sustained, and the Revenue&#039;s challenge failed.</description>
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      <title>2019 (4) TMI 642 - CESTAT BANGALORE</title>
      <link>https://www.taxtmi.com/caselaws?id=378198</link>
      <description>Rule 6 of the CENVAT Credit Rules, 2004 was held inapplicable to a demand of 6% on the value of bagasse sold, because earlier binding decisions had already treated bagasse and electricity generated from bagasse as outside the mischief of Rule 6 where the rule&#039;s conditions were not met. The Tribunal noted that the issue was no longer res integra and that the Revenue&#039;s reliance on a later amendment did not justify departure from the settled position on the facts. The demand was therefore unsustainable, the assessee&#039;s relief was sustained, and the Revenue&#039;s challenge failed.</description>
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