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TMI Blog2004 (2) TMI 241X X X X Extracts X X X X X X X X Extracts X X X X ..... he facility of Modvat/Cenvat credit. They are using LSHS (Low Sulphur Heavy Stock) as feed stock for manufacture of fertilizers. A part of LSHS is also used in the generation of steam and electricity. The steam generated is being used in the manufacture of fertilizer and the industrial products and the balance is being used for generation of electricity in their captive power plant. Portion of ele ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Central Excise Rules, 1944 and Rule 8 of the Cenvat Credit Rules, 2001. While the order of the adjudicating authority quotes extensively from the said rules claiming that credit of duty paid on inputs used in the manufacture of exempted final products is deniable, which view is also upheld by the Commissioner (Appeals), what is forgotten in the din of this argument is the plea from the appellants ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sed in the factory. There is no dispute that the steam is not so used. It is, in fact, used for manufacture of fertilizers, chemicals as well as for the generation of electricity. All the three uses having occurred in the factory, it is immaterial as to what happens to the electricity so manufactured from steam. 5. I am aware that fuels can also be directly used for manufacturing electricity by ..... X X X X Extracts X X X X X X X X Extracts X X X X
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