2018 (5) TMI 1707

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....None for the Respondent ORDER This appeal is directed against Order-in-Original No.6/2012-(C.E.)-Commr. Dated 15.05.2012 2. Heard both sides and perused the records. 3. The relevant facts that arise for consideration is that appellant had utilized common inputs for generation of power during the period November 2006 to December 2010 and had captively consumed said power for manufacturi....

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....ared the surplus electricity to state grid, that for producing such electricity they had availed Cenvat Credit of Central Excise Duty paid on the common inputs and had not maintained separate accounts for the common inputs so utilized. 5. It is now settled law that electricity produced in the factory premises and consumed for production of excisable goods, assessee is entitled to avail Cenvat c....

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....that reversal of the amount on which Cenvat Credit as not eligible is as good as non-availment of Cenvat Credit. Following the settled law we find that the question of demanding an amount equivalent of 5% or 10% of the value of exempted goods in this case does not arise. 8. Looking at the issue entirely from different angle, it is noticed that by retrospective amendment by section 73 of the fin....