2006 (12) TMI 9 - AT - Central Excise

Cenvat/Modvat-Alleged that credit on input used in manufacture of dutiable good not admissible - HELD Issue settled in assessee s own case previously holding use of steam within factory and fuels therefore eligible to credit.

Summary

Issues:
Eligibility of low sulphur heavy stock (LSHS) for input duty credit under Rule 6(1) of the Cenvat Credit Rules, 2002.

Analysis:

Issue 1: Eligibility of LSHS for input duty credit
The Revenue contended that Cenvat credit is not admissible on inputs used in the manufacture of exempted goods, as per Rule 6(1) of the Cenvat Credit Rules, 2002. The rule allows credit only for inputs intended for use in the manufacture of dutiable goods, with provisions for maintaining separate accounts for dutiable and exempted goods. The assessees argued that since fuel inputs are excluded from the purview of sub-rule (2) of Rule 6, they should also be excluded from sub-rule (1). Therefore, if fuel is used in the manufacture of both dutiable and exempted goods, there is no requirement to reverse Cenvat credit for inputs used in exempted goods.

Issue 2: Precedent and interpretation of rules
The Tribunal referred to a decision of the Hon'ble Gujarat High Court where it was held that credit on fuels used for generating steam within the factory cannot be denied. The High Court upheld the Tribunal's order, emphasizing that Rule 57AD allows for an exception in cases where inputs are intended to be used as fuel. The Tribunal found that LSHS was used as fuel for producing steam and electricity within the factory, which was then utilized for the manufacture of fertilizers and industrial products, as well as for generating electricity supplied outside the factory.

Issue 3: Application of precedent and ruling
The Tribunal applied the precedent from the Gujarat High Court decision to the present case, stating that Rule 57AD of the Central Excise Rules is similar to Rule 6 of the Cenvat Credit Rules, 2002. Consequently, the Tribunal held that the assessees are eligible for Cenvat credit on the quantity of LSHS used for producing steam and electricity, which were in turn used in the manufacture of exempted goods, specifically fertilizers.

In conclusion, the Tribunal ruled in favor of the assessees, allowing them to claim Cenvat credit on the LSHS used for generating steam and electricity, which were essential for the production of exempted goods. The decision was based on the interpretation of relevant rules and the application of precedent set by the Hon'ble Gujarat High Court.