2007 (11) TMI 139 - AT - Central Excise

Cement mfg. captive mines adjacent to their factory in view of SC in another case captive mines are to be construed as an integral unit of the concerned cement factory - If the duty paid on the capital goods such as crusher and transformers are available as credit for the concerned cement manufacturing unit, then crusher & transformer will be consider as used in relation to mfg. of cement credit allowed to furnace oil used in generation of electricity, supplied through transformer

Summary

Issues:
1. Disallowance of credit and imposition of penalty on the appellant by the Commissioner.
2. Determination of whether the activities in the captive mines are integral to the manufacturing activities of cement.
3. Interpretation of the role of transformer in relation to the manufacturing of cement.

Analysis:
1. The appeals involved an issue where the Commissioner disallowed credit and imposed penalties on the appellant. The first appeal (E/191/2007) concerned an amount of Rs.49,791, while the second appeal (E/192/2007) involved an amount of Rs.1,29,783. The Commissioner's orders were challenged by the appellant.

2. The appellant, a cement manufacturer with captive mines, used furnace oil to generate electricity for its operations. The electricity was utilized in both the factory and the mines for various activities, including operating a crusher and a conveyor system. A show cause notice was issued proposing to disallow credit related to the furnace oil used in electricity generation for the crusher, conveyor system, and transformer in the mines.

3. The Commissioner allowed credit for the input used in electricity production for the crusher and conveyor system, considering them integral to the manufacturing process of cement. However, the Commissioner disallowed credit for the transformer, stating its function was not directly linked to cement manufacturing. The appellant argued that all activities in the captive mines, including the transformer, should be considered part of the manufacturing process, citing a Supreme Court judgment in the Vikram Cement case.

4. The appellant contended that the entire captive mines should be treated as part of the factory, as all limestone mined was used exclusively in the cement manufacturing process. They argued that the duty paid on capital goods, such as the crusher and transformer, should be eligible for credit for the cement manufacturing unit. The appellant relied on the Vikram Cement case to support their claim for credit on all capital goods used in the mines.

5. The Senior Departmental Representative (SDR) supported the Commissioner's decision, arguing that the functions and nature of activities in the mines determined whether they were integral to the cement manufacturing process. The SDR emphasized the role of the transformer in the mines, stating it was not directly related to cement manufacturing. The SDR cited various legal precedents to support the requirement that electricity use must be linked to excisable activities to be eligible for credit.

6. The Tribunal analyzed the submissions and noted that the Commissioner's distinction between the roles of the crusher and transformer in the mines was not reasonable. Referring to the Vikram Cement case, the Tribunal emphasized that captive mines should be considered integral to the cement factory. Therefore, treating the crusher and transformer differently in terms of credit eligibility was not justifiable. The Tribunal allowed the appeals, providing consequential relief to the appellant.