2011 (4) TMI 262 - AT - Central Excise

Tribunal Upholds Decision on Input Credit for External Sales

The Tribunal upheld the Commissioner's decision to disallow credit on inputs used in generating electricity sold outside the factory premises, following ... Cenvat credit - disallowing the credit sought to be availed on the inputs utilised in the generation of electricity to the extent it was sold outside - As per the decision of the Apex Court in the matter of Maruti Suzuki Ltd. vs. C.C.E.,[2009 -TMI - 34348 - SUPREME COURT], decided against of assessee. Issues:1. Disallowance of credit on inputs used in electricity generation sold outside the factory.Analysis:The case involves an appeal arising from a common order passed by the Commissioner disallowing credit sought on inputs used in the generation of electricity that was subsequently sold outside the factory premises. The appellants, engaged in the production of cement clinker, had been availing credit on the duty paid for pet coke used in their captive power plant. However, they also claimed credit for pet coke used in generating electricity sold to external units, which was not utilized in the manufacture of their final product within their factory. The Commissioner relied on the decision of the Apex Court in Maruti Suzuki Ltd. vs. C.C.E., Delhi III, where a similar issue was addressed.The Tribunal, comprising Shri Justice R.M.S. Khandeparkar and Shri Mathew John, upheld the Commissioner's order based on the legal precedent set by the Apex Court in the Maruti Suzuki Ltd. case. It was established that the credit availed on inputs used in the generation of electricity sold externally was unauthorized and contrary to law. Given the facts presented and the legal principles outlined in the Maruti Suzuki Ltd. case, the Tribunal found no grounds to overturn the Commissioner's decision. Consequently, the appeals were dismissed in line with the established legal position, leading to the recovery of specified amounts from the appellants.In conclusion, the judgment reinforces the importance of adhering to established legal precedents and upholding the proper utilization of input credits in cases where goods are sold outside the manufacturing premises. The decision serves as a reminder of the necessity to comply with tax laws and regulations concerning the availment of credits on inputs used in the production process, especially when such inputs are not directly linked to the manufacture of the final product within the factory premises.