2007 (7) TMI 2 - SC - Central Excise

Cenvat/Modvat Department contended that these inputs(LSHS) are utilized for manufacturing electricity which is not excisable and hence can t be considered as input and accordingly not eligible for credit Held that the input used in relation to the manufacture and eligible for credit

Summary

Issues involved: Determination of entitlement to MODVAT credit under Rule 57A on Low Sulphur Heavy Stock (LSHS) and furnace oil used for generating electricity captively consumed for manufacturing final products like caustic soda and cement.

Analysis:
1. Interpretation of Rule 57A: The key issue in this judgment revolves around the interpretation of Rule 57A regarding the applicability of MODVAT credit. The rule specifies the conditions for allowing credit of excise duty on specified goods used in or in relation to the manufacture of final products. The Explanation clause (c) added by Notification No. 4/94 is crucial, as it refers to "inputs used as fuel." This clause clarifies that inputs used for generating electricity, like LSHS, are eligible for MODVAT credit.

2. Contention of the Department: The Department argued that LSHS is used for generating electricity, which is not an excisable item, and therefore, cannot be considered an input used as fuel under Explanation clause (c). They contended that since LSHS primarily generates electricity and not the final products like caustic soda and cement, MODVAT credit should not be allowed on the duty paid for LSHS.

3. Court's Analysis and Ruling: The Court disagreed with the Department's interpretation, emphasizing that electricity generated from LSHS within the plant is crucial for manufacturing final products like caustic soda and cement. The Court highlighted that the continuous supply of electricity is essential for the manufacturing process and without it, the production would cease. Referring to previous judgments, the Court stressed that any operation integral to the manufacturing process qualifies as "manufacture." The Court interpreted the phrase "used in relation to the manufacture of final products" broadly, ensuring that processes generating intermediate products, like electricity from LSHS, are considered integral to manufacturing.

4. Entitlement to MODVAT credit: Ultimately, the Court ruled in favor of the assessees, stating that LSHS used for generating electricity, which is essential for manufacturing final products, falls within the ambit of the expression "used in or in relation to the manufacture of the final product." The Court clarified that MODVAT credit on LSHS for electricity generation is admissible under Explanation clause (c) of Rule 57A, even before a specific date mentioned. The judgment highlighted that inputs used for generating electricity qualify for MODVAT credit if they are integral to the manufacturing process of final products like cement and caustic soda.

5. Additional Consideration: The Court also noted that in cases where electricity generated is consumed for non-manufacturing purposes, like residential colonies or schools, MODVAT credit would not be applicable. The judgment concluded that the civil appeals filed by the Department lacked merit and were dismissed, with no order as to costs.

This detailed analysis of the judgment showcases the Court's thorough examination of the legal provisions, previous precedents, and the specific circumstances surrounding the entitlement to MODVAT credit for inputs used in electricity generation for manufacturing final products.