https://www.taxtmi.com/caselaws?id=54683 Capital goods used in a captive power plant were treated as eligible for credit under Rule 57Q where the electricity generated was principally consumed within the factory for manufacture of the final product and only the surplus was sold outside. Prior Tribunal decisions were relied on for the principle that incidental sale of excess power does not by itself defeat capital goods credit when captive use is the dominant purpose. The restrictive condition in the proviso to Rule 57R(2) was not accepted as a basis to deny credit in these circumstances, so denial of credit was unsustainable. en-us Mon, 21 Nov 2005 00:00:00 +0530 Thu, 21 Oct 2010 14:23:51 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=54683 Capital goods used in a captive power plant were treated as eligible for credit under Rule 57Q where the electricity generated was principally consumed within the factory for manufacture of the final product and only the surplus was sold outside. Prior Tribunal decisions were relied on for the principle that incidental sale of excess power does not by itself defeat capital goods credit when captive use is the dominant purpose. The restrictive condition in the proviso to Rule 57R(2) was not accepted as a basis to deny credit in these circumstances, so denial of credit was unsustainable. Case-Laws Central Excise Mon, 21 Nov 2005 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=54683