2008 (3) TMI 225 - AT - Central Excise

Credit on inputs used in fabrication of captive power plant denied on the ground that power plant is outside the factory in view of SC decision in Vikram Cement case power plant is situated at the land adjacent to the factory of production and is for captive use only hence credit not deniable in respect of credit on CTD Bars Angles appellants submission is that the goods are used for fabrication of plant and machinery and not for civil construction matter remanded for second issue

Summary

Issues:
1. Denial of credit in respect of inputs and capital goods.
2. Disallowance of credit for inputs used in the fabrication of a captive power plant.
3. Denial of credit for items like CTD Bars and Angles on the grounds of civil construction.
4. Interpretation of the location of the power plant in relation to the factory for credit eligibility.
5. Verification required for the usage of CTD Bars and Angles in fabrication of plant and machinery.

Analysis:
The appellants challenged the impugned order denying credit for inputs and capital goods. The denial of credit for inputs used in the fabrication of a captive power plant was based on the location of the power plant outside the factory premises. The appellants argued that the power plant was adjacent to the factory and cited a Supreme Court decision allowing credit for capital goods used in captive mines. They contended that the power generated was solely for internal factory use. The Tribunal noted the Supreme Court's ruling and allowed credit for inputs used in the power plant, considering its proximity to the factory and captive use.

Regarding the denial of credit for items like CTD Bars and Angles due to their use in civil construction, the appellants asserted that these goods were utilized in the installation of plant and machinery, not for civil construction purposes. The Tribunal observed a lack of findings in the impugned order distinguishing between usage for civil construction and machinery fabrication. Consequently, the issue of credit for CTD Bars and Angles was remanded for verification to ascertain their actual usage. The Tribunal emphasized the need for a detailed examination to determine the admissibility of credit for these items and any associated penalties.

In summary, the Tribunal allowed credit for inputs used in the captive power plant based on its proximity and captive use, following a Supreme Court precedent. However, the decision on credit for CTD Bars and Angles was deferred for further verification to differentiate their usage between civil construction and machinery fabrication. The Tribunal set aside the penalty related to the power plant and directed a fresh assessment by the adjudicating authority for the unresolved credit issues. The appeal was disposed of with these directions for reevaluation.