2018 (10) TMI 389 - AT - Central Excise

CENVAT Credit - inputs - furnace oil & lubricating oil for generation of electricity, which was supplied to their sister units, without any consideration - Held that - The electricity has been supplied to their own sister units, which was used in the manufacture of excisable goods - the decision in the case of M/S SANGHI INDUSTRIES LTD. VERSUS CCE., RAJKOT 2014 (2) TMI 278 - CESTAT AHMEDABAD , followed, where it was held that the Cenvat Credit in respect of inputs used the generation of electricity wheeled out to other units is eligible Cenvat Credit - credit allowed - appeal allowed - decided in favor of appellant.

Summary

Issues:
1. Cenvat Credit availed on inputs for electricity generation and transmission.

Analysis:
The judgment pertains to an appeal regarding the Cenvat Credit availed on inputs like furnace oil and lubricating oil for electricity generation by the appellant, which was then supplied to their sister units without any consideration. The issue originated from a previous tribunal order remanding the matter back to the original adjudicating authority for reconsideration. The tribunal highlighted two main disputes: the admissibility of Cenvat Credit on furnace oil used for electricity generation and the value of Cenvat credit to be reversed. The appellant agreed to reverse the credit for electricity generated and sold to another company. The tribunal emphasized the need to determine the quantum of Cenvat Credit to be reversed, considering the fresh consideration required due to varying decisions on Cenvat Credit admissibility. The tribunal also directed the original authority to assess the levy of penalties and consider the time bar aspect during the remand proceedings.

In the appeal, the appellant's representative relied on judgments like Sanghi Industries Ltd. v/s CCE, Rajkot and Bilang Industries P. Ltd. v/s Commissioner of Central Excise, Daman, which supported the eligibility of Cenvat Credit for inputs used in electricity generation supplied to other units. The appellant argued that since the electricity was supplied to their own unit without consideration, Cenvat Credit should not be denied. The appellant distinguished the Maruti judgment cited by the Department, emphasizing that it involved the sale of electricity to vendors inside or outside the factory premises, which was not the case here.

On the other hand, the Department's representative supported the decision of the Adjudicating Authority, citing the Maruti judgment to argue that Cenvat Credit should be reversed when electricity is used outside the factory premises. After hearing both parties and examining the case record, the tribunal found that the electricity supplied to the sister units was used in manufacturing excisable goods. Following the precedent set by the Sanghi Industries and Bilang Industries cases, the tribunal allowed the appeal, granting any consequential benefits.

Overall, the judgment addressed the complex issue of Cenvat Credit availed on inputs for electricity generation and transmission, emphasizing the need for a thorough reconsideration of the matter in light of relevant legal precedents and varying interpretations.