2008 (1) TMI 140 - AT - Central Excise

Credit on inputs used in generation of electricity supplied to office & mfg. purposes - assessee has already reversed the credit with regard to the use of electricity used in the residential colony - electricity used in the administrative block cannot be held to be not part of the factory premises - Electricity utilized in the administrative block is eligible for the benefit of cenvat credit because administrative office is part of factory

Summary

Issues:
1. Eligibility of Cenvat credit for electricity used in administrative office located inside the factory.
2. Interpretation of factory premises in relation to administrative activities.
3. Distinction between administrative office and township area for Cenvat credit eligibility.

Analysis:
1. The appeal concerns the eligibility of Cenvat credit for electricity used in an administrative office within a factory. The Commissioner (Appeals) upheld the assesses's plea, stating that the administrative office is part of the factory and thus eligible for the benefit of Cenvat credit. The revenue argued that since there is no manufacturing activity in the administrative block, the credit should be denied. The revenue relied on precedents such as Indorama Synthetics Ltd. and S.A.I.L. to support their contention.

2. The learned counsel for the assesses distinguished the judgments cited by the revenue, emphasizing that the administrative block is integral to the manufacturing unit and should not be equated with township areas. The counsel pointed out the Apex court's ruling in CCE Vs Solaris Chemtech Ltd., highlighting that inputs used for non-manufacturing purposes are not admissible for credit. However, the counsel argued that administrative activities are directly connected to manufacturing operations and should be considered part of the factory premises.

3. Upon careful consideration, the Commissioner (Appeals) determined that administrative and commercial activities in the office are essential components of the manufacturing process and thus constitute part of the factory. The Commissioner rejected the revenue's argument that administrative activities are not ancillary to manufacturing operations. The judgment distinguished between the administrative block and township areas, noting that the denial of credit in the present case does not extend to residential colonies. The Assistant Commissioner's finding that the administrative block is within the registered premises further supported the decision to allow Cenvat credit for electricity used in the administrative office. The judgment of SAIL was deemed distinguishable as it pertained to electricity used in township areas, unlike the present case where administrative activities were directly linked to manufacturing operations.

In conclusion, the Tribunal rejected the revenue's appeal, affirming the Commissioner's decision to allow Cenvat credit for electricity used in the administrative block. The judgment emphasized the integral role of administrative activities in the manufacturing process and clarified the distinction between administrative offices and non-manufacturing areas like townships.