2007 (2) TMI 140 - HC - Central Excise

Cenvat/Modvat Alleged that no Cenvat credit allowed on the duty paid naptha which is used in starting of the turbines on the ground of part of the electricity was transferred to other unit - Held that Cenvat credit not disallowed for the reason that after generation, part of excess electricity was diverted

Summary

Issues:
Whether the revenue department can recover proportionate Modvat/Cenvat credit on duty paid Naptha used in starting turbines when part of the electricity generated is diverted to another unit.

Analysis:
The case involves a substantial question of law regarding the recovery of Modvat/Cenvat credit on duty paid Naptha used in starting turbines, where part of the electricity generated is diverted to another unit. The Tribunal's decision highlighted that the use of Naptha for starting turbines is essential for generating electricity consumed within the Dahej unit. It emphasized that the mere transfer of excess electricity to another unit does not justify disallowing the proportionate credit. The Tribunal reasoned that any excess electricity generated beyond Dahej unit's requirements due to utilizing Naptha for starting turbines would either be wasted or transferred to another unit as per technological limitations. The Tribunal found no evidence to support the recovery of credit or reduction of Naptha quantity used for starting turbines, which is deemed essential for Dahej unit's operations.

The judgment rejected the appeal for admission based on the Tribunal's detailed analysis. It concluded that there was no valid case presented for challenging the Tribunal's decision. As a result, the appeal was dismissed at the admission stage, indicating that the Tribunal's reasoning and decision regarding the recovery of Modvat/Cenvat credit on duty paid Naptha stood uncontested.