2009 (12) TMI 784 - AT - Central Excise

Summary

Issues involved: Determination of duty payment on diesel used for electricity generation and distribution to residential colony.

Summary:

Issue 1: Duty payment on diesel for electricity generation and distribution
The appeal focused on the requirement for the assessee to pay duty on diesel used for generating electricity for distribution to a residential colony. The authorities contended that the diesel was used for both the factory and the residential colony without evidence of a distinction in consumption. The appellant argued that their accounts clearly showed duty paid on high-speed diesel used for electricity generation for the residential colony. The appellant also highlighted the lack of examination of records to determine the units of electricity consumed by the residential colony. The Tribunal found that the appellant maintained separate records for duty paid diesel and units of electricity supplied to the residential colony, which were not properly examined by the authorities. The failure to confront a crucial report during the enquiry and the lack of discussion on this violation of natural justice led the Tribunal to allow the appeals of the appellant.

(Order dictated and pronounced in the open Court)