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1999 (12) TMI 203 - AT - Central Excise
Issues Involved:
The extent of credit of duty paid on fuel oil used in the production of steam, which was then used in the manufacture of dutiable finished products, exempted products, or for other purposes. Summary: The appellant, engaged in manufacturing various commodities subject to excise duty, availed the Modvat procedure to credit duty paid on inputs towards finished products. The dispute centered on the appellant's entitlement to credit for duty paid on fuel oil used to produce steam, utilized in manufacturing dutiable and exempted products or for other purposes during May 1995 to June 1996. The dispute arose due to amendments to the Modvat rules in March and May 1995, allowing credit for inputs used for generating electricity or steam within the factory for manufacturing finished products or other purposes. The appellant claimed credit for the entire fuel quantity used to generate steam post-amendment. Notices proposed denying credit as part of the steam was used for non-duty final products and in a neighboring factory. The appellant conceded credit for steam supplied to the neighboring factory but argued for credit on the remaining fuel, citing rule amendments. The appellant contended that the rule amendments permitted credit for fuel used to generate steam within the factory, including for exempted final products, as the steam was considered an intermediate product. The Departmental Representative argued that credit was prohibited for inputs used in exempted product manufacture, and the steam was the appellant's finished product, not an intermediate product, thus credit was not applicable. The Tribunal held that steam was an intermediate product and the rule amendments allowed credit for inputs used to manufacture steam for exempted final products or other purposes within the factory. The term "for any other purposes" in the rule was interpreted to include using steam for exempted final products or other factory purposes, beyond dutiable final products. The amendments aimed to permit credit for inputs used to manufacture steam for exempted or nil duty final products or other factory purposes. Accordingly, the appeals were allowed, and the impugned order was set aside, granting consequential relief.
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