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TMI Blog2018 (5) TMI 103X X X X Extracts X X X X X X X X Extracts X X X X ..... appellant in the manufacture of dutiable final products. Credit cannot be denied. Credit allowed - appeal allowed - decided in favor of appellant. - E/10146-10147/2018 - A/10376-10377/2018 - Dated:- 20-2-2018 - Dr. D. M. Misra, Hon'ble Member (Judicial) For Appellant (s): Shri J. Surti, Advocate For Respondent (s): Shri J. Nagori, AR Per: Dr. D. M. Misra Heard both sides. 2. These two Appeals are filed against the Orders-in-Appeal No. CCESA-SRT-APPEAL-PS-101-102-2017-18 dated 18.10.2017 passed by Commissioner (Appeals) of Central Excise, and Service Tax-Surat-I. 3.Briefly stated the common facts in these Appeals are that boiler and parts of the boiler of the Appellant were installed in Unit II, used for g ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... is whether or not the appellants are eligible for Cenvat credit on capital goods in respect of boilers and others procured by the appellant and used for generation of electricity using the waste heat recovery process of already existing generator sets in the premises of the sister Unit. The admitted facts of the case are that the capital goods have been procured on payment of duty by the appellants. They have been put into use for generation of electricity in Waste Heat Recovery System. The electricity so generated is indisputably used by the appellant in their manufacturing process. These being admitted facts, Revenue s case that the capital goods are installed in the adjacent premises of sister concern who are engaged in power generation ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ur v. Indorama Textiles Ltd. reported in 2010 (260) E.L.T. 382 (Bom.), the Hon ble Bombay High Court held that when the electricity is used as intermediate goods in the manufacture of final product such electricity can be obtained from outside source also. 8. We note that the department has not disputed the duty-paid nature of the capital goods, discharge of duty by the appellant, usage of capital goods for generation of electricity and consumption of such electricity by the appellant in the manufacture of dutiable final products. In these factual matrix, we find no justification to deny the credit on the capital goods availed by the appellant. Accordingly, the impugned order is set aside, the appeal is allowed . Following the aforesa ..... X X X X Extracts X X X X X X X X Extracts X X X X
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