9911796707
TMI Blog2010 (11) TMI 416X X X X Extracts X X X X X X X X Extracts X X X X ..... the power plant to be an undertaking, that itself cannot be sufficient to arrive at a conclusion that the same has to be an independent factory - There is no dispute that the capital goods were found in the factory premises of the appellants - There is also no dispute that the captive power plants are also situated within the same factory premises though with a different name and style of Century ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nd has imposed penalty of equal amount. The claim for cenvat credit has been denied on the basis of definition of the word Factory under Section 3(6) of the Factories Act, 1995 and Section 80-IA of the Income Tax Act, 1961 while observing that Century Denim Power Plant established by the appellants in their factory premises and electricity generated is captively used and in view of benefit of th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... factory premises of the appellants. There is also no dispute that the captive power plants are also situated within the same factory premises though with a different name and style of Century Denim Power Plant . At the same time, there is no finding that Century Denim Power Plant is a different legal entity. Being so, a prima facie case has been made out for grant of stay of the impugned order wit ..... X X X X Extracts X X X X X X X X Extracts X X X X
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