2014 (6) TMI 239 - AT - Central Excise

Levy of Clean Energy Cess - Assessee contends that alleged quantity of raw coal nor coal after its processing in the washery located within the mine, was not despatched to any destination beyond the coal mine, warranting levy and demand of Cess - whether the petitioner is required to pay Cess on the quantity of coal mined and fed to its washery located within the mine premises - Held that - The dispute is in substance one involving interpretation of the provisions of Rules 2(g) and 4 of the 2010 Rules. Prima-facie, either view, the one adopted by Revenue and the other adopted by the petitioner, appear plausible. In the totality of circumstances and since the petitioner has already remitted a substantial portion of Cess assessed by the impugned order, i.e. ₹ 13,48,38,600/- against the demand of ₹ 18,72,09,053/-, we are inclined to grant waiver of pre-deposit and stay all further proceedings pursuant to the impugned adjudication order, on condition that the petitioner remits the balance assessed quantum of cess of ₹ 5,28,70,453/- and proportionate interest upto date, on the balance amount of ₹ 5,328,70,453/-, within four weeks - Stay denied.

Summary

Issues:
1. Demand of Clean Energy Cess (Cess) by the Commissioner, Central Excise & Service Tax, Raipur.
2. Interpretation of the provisions of Clean Energy Cess Rules, 2010 regarding payment of Cess on coal mined and processed within the mine premises.

Issue 1:
The appeal was filed against the order of the Commissioner confirming the demand of Clean Energy Cess (Cess) of Rs.13,99,32,608/- and Rs.4,72,76,448/- for two different periods, totaling Rs.18,72,09,053/-, along with interest and penalties. The petitioner sought waiver of pre-deposit and stay of further proceedings. The petitioner, engaged in coal production and steel manufacturing, was alleged to have under-remitted Cess on the removal of specified quantities of coal during the relevant period. The Clean Energy Cess Rules, 2010, defined 'specified goods' as raw coal and required producers to pay Cess on removal of such goods as per specified procedures.

Issue 2:
The primary dispute revolved around whether the petitioner was liable to pay Cess on coal mined and processed within its washery located in the mine premises. The petitioner argued that Cess was payable only on coal removed from the mine area and that processing coal in the washery did not constitute removal. The contention was that coal processed within the mine premises for captive consumption did not warrant Cess payment as it was not dispatched beyond the mine. The interpretation of Rules 2(g) and 4 of the Clean Energy Cess Rules, 2010 was crucial in determining the liability for Cess payment. The Tribunal, considering the circumstances and the partial payment already made by the petitioner, granted waiver of pre-deposit and stayed further proceedings subject to the condition that the balance Cess amount and interest be remitted within a specified timeline.

This detailed analysis of the judgment provides a comprehensive understanding of the legal issues involved and the Tribunal's decision regarding the demand of Clean Energy Cess and the interpretation of the Clean Energy Cess Rules, 2010.