2012 (8) TMI 529 - AT - Central Excise

Denial of cenvat credit - appellant in respect of their wind mills in Dewas availed the services of erection, installation and commissioning, repair and maintenance and also insurance and took Cenvat credit of the Service tax paid on these services - department was of the view since the wind mills are located far away from the factory and the power generated by the wind mill is not directly received in the factories of the appellants, the appellants would not be eligible for Cenvat credit Held that - there is nexus as the electricity generated by the wind mills has been used for running of the factories of the appellant and just because the electricity has not been directly supplied, but has been supplied through M.P. Electricity grid, it cannot be said that the wind mills are not captive power plant - services, in question, received by the appellants have to be treated as input services eligible for Cenvat credit

Summary

Issues involved:
1. Eligibility of Cenvat credit for services related to wind mills located far from factories.

Analysis:
The case involved two appellants manufacturing products in factories located in different places, receiving electricity from wind mills situated in Dewas through wheeling arrangement with the M.P. State Electricity Board. The appellants availed Cenvat credit for services like erection, installation, and maintenance of the wind mills. The department issued show cause notices denying the credit, leading to confirmation by the Adjudicating Authority and Commissioner (Appeals), prompting the filing of appeals.

The counsels for the appellants argued that the wind mills were established as captive power plants for factory use, with agreements in place for electricity transmission to the M.P. Electricity Grid and subsequent supply to the factories. They emphasized the direct nexus between the services and the final product manufacture, citing precedents where similar situations were deemed eligible for Cenvat credit. On the contrary, the Departmental Representative contended that the services couldn't be considered input services due to the distance between wind mills and factories, emphasizing previous judgments supporting this view.

Upon careful consideration, the Tribunal acknowledged the necessity of locating wind power generators where optimal wind conditions exist, even if distant from the factories. Analyzing the agreements with the M.P. State Electricity Board, the Tribunal concluded that the wind mills were indeed captive power plants, making services related to them eligible for Cenvat credit. The Tribunal emphasized the crucial nexus between the services and the manufacturing process, highlighting that the electricity generated was used in the factories despite being transmitted through the grid. Citing precedents and the judgment of the Bombay High Court, the Tribunal overturned the impugned orders, allowing the appeals and setting aside the earlier decisions.

In conclusion, the Tribunal's detailed analysis focused on establishing the wind mills as captive power plants and emphasizing the direct connection between the services availed and the manufacturing process, ultimately ruling in favor of the appellants' eligibility for Cenvat credit.