2019 (10) TMI 1146 - HC - Central Excise

Permission for withdrawal of appeal - monetary amount involved in the appeal - CENVAT Credit - electricity so generated and cleared/sold to the grid outside the factory can be treated as captively used for the manufacture of final products - Cenvat Credit availed on inputs used in the power so generated inadmissible - HELD THAT - The appellant admits that in view of instructions dated 22.8.2019 issued by Ministry of Finance, Department of Revenue, Central Board of Indirect Taxes and Customs (Judicial Cell) the instant appeal would not be maintainable before this Court, as amount of revenue involved i.e. ₹ 12, 168/- is below the monetary limit of ₹ 1 Crore. In view of the said instructions dated 22.8.2019 learned counsel for the appellant prays for withdrawal of the instant appeal, however the question of law raised would remain open - appeal dismissed as withdrawn.

Summary

Issues:
- Delay in refiling the present appeal
- Admissibility of Cenvat Credit on fuel used for generation of exported electricity

Analysis:

Issue 1: Delay in refiling the present appeal
The judgment addresses the delay of 176 days in refiling the present appeal, leading to the filing of CM 7225-CII/2019 seeking condonation of the delay. Additionally, there was a delay of 2035 days in filing another appeal, resulting in the filing of CM 7226-CII/2019 for condonation of this delay. The court acknowledged the delays and the applications for condonation but did not pass any orders on the same due to the dismissal of the appeal as withdrawn.

Issue 2: Admissibility of Cenvat Credit on fuel used for generation of exported electricity
The main case revolved around the admissibility of Cenvat Credit on fuel used for the generation of exported electricity by a company engaged in manufacturing stainless steel products. The company was availing Cenvat Credit on inputs used in the manufacturing process and was also using furnace oil for electricity generation in their captive power plant. The electricity generated was partly used in the factory and partly exported to a power grid. The Revenue alleged that the company did not reverse the proportionate Cenvat Credit taken on fuel used for exported electricity generation. This led to a show cause notice and subsequent orders disallowing the Cenvat Credit and imposing penalties. The company appealed against these orders, and the appellate authorities ruled in favor of the company. The Revenue challenged the appellate order, which was dismissed by CESTAT. The present appeal raised questions regarding the treatment of exported electricity as captively used for manufacturing and the reliance on previous orders. However, during the hearing, it was noted that the appeal would not be maintainable due to the revenue amount involved being below the monetary limit set by the Ministry of Finance. Consequently, the appeal was dismissed as withdrawn, leaving the questions of law raised open for future consideration.

In conclusion, the judgment addressed the issues of delay in appeal filing and the admissibility of Cenvat Credit on fuel used for generating exported electricity. The court dismissed the appeal due to monetary constraints but left the legal questions raised for potential future review.