2009 (12) TMI 769 - AT - Central Excise

Summary

Issues involved: Interpretation of captive mines u/s Modvat/Cenvat credit rules.

The judgment by the Appellate Tribunal CESTAT CHENNAI involved a case where M/s. The India Cements Ltd. had two cement factories and mines supplying limestone to these factories. The issue was whether these mines could be considered captive mines for the purpose of Modvat/Cenvat credit rules. The appellant argued that since both factories belonged to the same legal entity, they should be considered as one unit. The appellant relied on a Supreme Court order in the case of Vikram Cement v. CCE, Indore to support their claim.

The learned counsel for the appellant contended that the mines should be considered captive mines as per the Supreme Court's decision in Vikram Cement case, which allows credit when supplies are made within the same legal entity. The authorities below had held otherwise, stating that the mines were not captive due to occasional supply to the other factory. However, the Tribunal found that the Supreme Court's decision covered the appellant's case as the legal entity remained the same for both units. The Tribunal emphasized that the credit on capital goods used in the mines should be available to the assessee when the supplies are made within the same legal entity.

In the cited decision, the Supreme Court had clarified that Modvat/Cenvat credit on capital goods would be available if the mines are considered captive and part of the same integrated unit with the cement factory. Conversely, if the mines supply to different cement companies of separate assessees, the credit on capital goods would not be available. Since the appellant in this case was the same legal entity for both units, the Tribunal concluded that the appellant was entitled to the credit on capital goods used in the mines. Consequently, the impugned order was set aside, and the appeal was allowed.

The judgment highlighted the importance of considering the legal entity when determining the status of mines as captive, especially in cases where multiple units belong to the same assessee. The decision provided clarity on the availability of Modvat/Cenvat credit based on the relationship between the mines and the cement factories within the same legal entity.