2019 (11) TMI 489 - AT - Central Excise

CENVAT credit - electricity generated and sold by the appellant sugar manufacturing company from its waste product called bagasse - addition of Explanation 1 to Rule 6(1) of CENVAT Credit Rules, 2004 w.e.f. 01.03.2015 - HELD THAT - Admittedly electricity, though not found in tangible form, is classifiable under Tariff item no. 27160000 of Central Excise Tariff Act, 1985. But it is a non-excisable goods and the process of generation of electricity though a manufacturing process is dutiable if it is generated from mineral oils, bitumen substance, mineral waxes etc. and electricity generated from bagasse is not covered under Chapter 27 like electricity generated through solar power, hydro power, wind power etc. As has been held by Hon'ble Allahabad High Court in GULARIA CHINI MILLS AND OTHERS VERSUS UNION OF INDIA AND OTHERS 2013 (7) TMI 159 - ALLAHABAD HIGH COURT electricity energy is not an excisable goods nor it is exempted goods as defined in Rule 2(d) of the CENVAT Credit Rules, 2004. Thus, the duty demand made against such sale of surplus electricity manufactured through waste product is not sustainable in law - appeal allowed - decided in favor of appellant.

Summary

Issues:
Confirmation of duty demand on electricity generated and sold by the appellant sugar manufacturing company from bagasse post amendment to Rule 6(1) of CENVAT Credit Rules, 2004.

Analysis:
1. The appellant, a sugar manufacturer, generated electricity from bagasse, a waste product, and sold the surplus to the electricity board. The department demanded a 6% duty on the value of the electricity sold, citing Rule 6(1) of CENVAT Credit Rules, 2004.

2. The appellant argued that bagasse was not considered an input for electricity generation in previous cases and relied on judicial decisions to support their claim. They contended that no evidence was provided to prove the use of common inputs for electricity generation.

3. The department justified the duty demand, stating that certain inputs used for electricity generation were not eligible for credit as they were specific to electricity production and not essential for sugar manufacturing. They referred to a judicial decision to support their stance.

4. The Tribunal reviewed the case records and relevant decisions. It noted that electricity generated from bagasse was not dutiable or liable for the 6% duty as per previous judgments. It clarified that electricity from bagasse was not classified under Chapter 27 of the Central Excise Tariff Act, 1985.

5. Following the judicial precedent set by previous cases, the Tribunal ruled in favor of the appellant, stating that the duty demand on surplus electricity generated from waste product (bagasse) was not legally sustainable. The order of the Commissioner of Central Tax (Appeals) was set aside, and the appeal was allowed.