2022 (11) TMI 42 - AT - Central Excise

CENVAT Credit - lease rental charges paid to the Ashok Leyland Wind Energy Ltd. for the power that has been drawn by the respondent at Chennai - lease rental is computed on the actual power consumed by respondent on agreed rates - case of Revenue is that the service tax paid on services of generation of electricity (which is not excisable) and situated far away from the factory premises cannot be said to be related to the manufacturing activity carried out at Chennai - HELD THAT - On perusal of the Show Cause Notice, it is seen that the electricity generated by the windmills is transmitted to the Udumalpet TNEB Grid and the respondent draws the same quantity of electricity at Chennai. There is no allegation in the Show Cause Notice that any excess electricity has been sold to any other party. The respondent has availed credit on the lease rental which is calculated on the basis of the electricity consumed by them. Electricity being in a nature which cannot be transported in an ordinary manner, the respondent has made the facility of transmitting it through TNEB grid and drawing it at Chennai. It is not in dispute that the said electricity is supplied to the factory of the respondent and the same is used for manufacturing activity. Merely because the wind generation plant is situated far away from the manufacturing activity, credit cannot be denied. The impugned order does not call for any interference - Appeal dismissed.

Summary

Issues:
1. Admissibility of CENVAT credit on service tax paid on lease rental charges for electricity drawn by the respondent.
2. Interpretation of the nexus between electricity generation and manufacturing activity.
3. Comparison of the facts with a previous judgment by the Hon'ble High Court.

Issue 1: Admissibility of CENVAT credit on service tax paid on lease rental charges for electricity drawn by the respondent:
The case involved the respondent availing CENVAT credit on lease rentals paid to Ashok Leyland Wind Energy Ltd. for electricity drawn at Chennai. The department alleged that since the windmill generating electricity was located far from the manufacturing site, the credit was not related to manufacturing activity. However, the respondent argued that the electricity generated at Udumalpet was drawn at Chennai, as per the lease agreement. The Tribunal noted that the electricity was used for manufacturing and no excess electricity was sold, thus allowing the credit.

Issue 2: Interpretation of the nexus between electricity generation and manufacturing activity:
The department contended that the electricity generation and consumption were not directly related to manufacturing since the windmill was situated away from the factory. In contrast, the respondent emphasized that the electricity generated was utilized in the manufacturing process, as per the lease agreement. The Tribunal found that the location of the windmill did not affect the eligibility of credit as long as the electricity was used for manufacturing purposes.

Issue 3: Comparison of the facts with a previous judgment by the Hon'ble High Court:
The respondent cited a previous judgment by the Hon'ble High Court in a similar case involving Ashok Leyland Ltd., where it was held that the location of the windmill did not impact the eligibility of input service credit. The High Court emphasized that the electricity generated was used in the manufacturing unit, supporting the admissibility of credit. The Tribunal, following the High Court's decision, dismissed the department's appeal, affirming the admissibility of the credit in the present case.

In conclusion, the Tribunal upheld the respondent's eligibility for CENVAT credit on service tax paid on lease rental charges for electricity drawn at Chennai, emphasizing the direct utilization of electricity in the manufacturing process despite the physical distance between the windmill and the factory. The decision aligned with the precedent set by the Hon'ble High Court, which highlighted the broader interpretation of input service credit rules to support environmental-friendly measures and manufacturing activities.