2024 (3) TMI 176 - AT - Central Excise

CENVAT Credit - electricity sold, generated out of waste product, bagasse - use of common inputs/input services in the generation of electricity, which is a non-excisable product - applicability of Rule 6(3)(i) of Cenvat Rules, 2004 - HELD THAT - The Hon ble Supreme Court in DSCL Sugars case 2015 (10) TMI 566 - SUPREME COURT while examining the amendment to the definition of goods under Section 2(d) of the Central Excise Act, 1944 observed Rule 6 of the Cenvat Credit Rules, 2004 cannot be made applicable to waste product i.e., Bagasse. There are no merit in the orders of the learned Commissioner (Appeals). Consequently, the impugned orders are set aside - appeal allowed.

Summary

Issues involved: The issue involved in the present case is whether an amount of 6% of the value of the electricity sold, generated out of waste product viz., bagasse be subjected to payment, under Rule 6(3)(i) of the Cenvat Credit Rules, 2004.

Comprehensive details of the judgment:

Issue 1 - Background and Allegations:
The appellants, engaged in the manufacture of sugar, molasses, and other products, were alleged to have used common inputs/input services for generating electricity, a non-excisable product. Demand notices were issued, demands confirmed with interest and penalty, and appeals were filed before the Commissioner (Appeals).

Issue 2 - Appellant's Submission:
The appellants argued that bagasse, a waste product generated during sugar manufacture, is used to generate electricity. They contended that as per relevant judgments, the provisions of Rule 6 regarding payment for electricity generated from bagasse do not apply, citing cases like Gularia Chini Mill Ltd. Vs. Union of India and Union of India Vs. DSCL Sugars Ltd.

Issue 3 - Hearing and Decision:
During the hearing, only the Authorized Representative for the Revenue was present. The main issue for consideration was whether the payment under Rule 6(3)(i) of the Cenvat Credit Rules, 2004 applied to electricity generated from bagasse. The judgment referred to the Supreme Court's decision in DSCL Sugars case, which clarified that waste product like bagasse is not subject to Rule 6 of the Cenvat Credit Rules, 2004.

Issue 4 - Precedents and Circulars:
The judgment highlighted the Supreme Court's ruling in DSCL Sugars case and its recent application in Union of India and others Vs. Indian Sucrose Ltd. It also mentioned a Circular issued by the Board withdrawing a previous Circular in light of the Supreme Court's decision.

Issue 5 - Conclusion:
Based on the established legal principles and precedents, the orders of the Commissioner (Appeals) were deemed without merit. Consequently, the impugned orders were set aside, and the appeals were allowed with any consequential relief as per law.

This summary provides a detailed overview of the judgment, outlining the background, arguments presented, legal considerations, and the final decision rendered by the Appellate Tribunal CESTAT BANGALORE.