1999 (3) TMI 586 - AT - Central Excise

Summary

Issues:
Rectification of mistake in a final order regarding eligibility of Modvat credit for fuel oil used for electricity generation within factory premises.

Analysis:
The judgment pertains to a miscellaneous application for Rectification of Mistake in Final Order No. 322/97 passed by the Tribunal. The issue revolves around the eligibility of Modvat credit for fuel oil used for electricity generation within the factory premises. The appellant's consultant argued that the mistake occurred due to the Tribunal's misinterpretation of Rule 57A and subsequent amendments. The consultant cited precedents like the cases of Rathi Alloys and Steel Ltd., Jaypee Rewa Cement, Western India Plywoods Ltd., and India Cements Ltd. to support the claim that fuel oil used for electricity generation is eligible for Modvat credit. The consultant emphasized that the Tribunal's decision created an error on the face of the record by not considering the specific provisions of Clause (d) of Rule 57A.

The Tribunal, after careful consideration of the submissions and precedents cited, acknowledged that it is well-settled law that fuel oil used for electricity generation within the factory premises qualifies for Modvat credit under Rule 57A. The Tribunal highlighted that the insertion of Clause (d) in 1995 was clarificatory and applied retroactively. The Tribunal found merit in the application, noting that the error in the final order was evident as the Tribunal had dismissed the appeal based on the incorrect interpretation of whether the fuel oil was used in or in relation to the manufacture of the final product. The Tribunal clarified that Clause (d) explicitly allows for Modvat credit for inputs used for electricity generation within the factory premises, regardless of the specific use of the generated electricity.

In light of the above analysis and following the precedents cited, the Tribunal decided to recall the final order and allowed the appeal with consequential relief. The judgment rectified the mistake on the face of the record and clarified the correct interpretation of Rule 57A regarding the eligibility of Modvat credit for fuel oil used for electricity generation within the factory premises.