2012 (7) TMI 291 - AT - Central Excise

Tribunal remands case for reassessment of CENVAT credit on furnace oil for non-manufacturing use

M/s. SRF Limited Versus Commissioner of Central Excise, Chennai-I

M/s. SRF Limited Versus Commissioner of Central Excise, Chennai-I - TMI Issues:1. Admissibility of CENVAT credit on furnace oil used for electricity generation and transmission.2. Quantum of CENVAT credit to be reversed.Issue 1 - Admissibility of CENVAT Credit:The Tribunal considered the matter remanded by the High Court, where the order under challenge allowed CENVAT credit on furnace oil used for power generation and transmission. The appellant cited similar pending appeals and requested a joint hearing. Referring to the Maruti Suzuki case, the appellant agreed to reverse CENVAT credit on furnace oil used for non-manufacturing purposes. The appellant proposed to reverse the credit, which was accepted by the original authority. The Tribunal acknowledged the agreement and directed the appellant to reverse the credit for electricity transmitted to other units.Issue 2 - Quantum of CENVAT Credit Reversal:The Tribunal addressed the question of the amount of CENVAT credit to be reversed. It was noted that the appellant had debited a lower amount for non-manufacturing use of furnace oil. Both parties agreed to remand the matter for a fresh assessment in line with the High Court's judgment. Given the varying interpretations on CENVAT credit admissibility before the Maruti Suzuki case, the Tribunal deemed penalty imposition unnecessary. The Tribunal instructed the original authority to reevaluate the quantum of credit reversal and consider the time bar aspect as requested by the appellant.In conclusion, all three appeals were remanded to the original authority for further examination and determination in accordance with the agreements reached during the hearing.