Duty deman on intermediate products used captively in manufacture of Insulated Power cables cleared supplied to Mega Power Project under ICB

[SHAHID HASHMI]

We are engaged in manufacture and clearance of finished excisable goods, i.e Insulated Power Cables falling under Tariff Heading No.8544 of the First Schedule to the Central Excise Tariff Act, 1985.

We are registered with the  Central Excise with in the meanings of Section 6 of Central Excise Act, 1944 read with Rule 9 of Central Excise Rule, 2002. We are availing Cenvat Credit of specified duty , on specified inputs/Capital goods and services used in manufacture of power cables and for utilization of such credit towards payment of specified duty , levied on the specified finished goods.  Before the finished excisable goods , namely insulated power cables comes into existence, it is a  continuous process of production, namely drawing of Aluminium wire/Copper wire/, making of Conductor, laying of Cables, Armouring of Cables, final laying ,to make electric cable. we are not clearing  the intermediate goods up to  Armouring Satge in to the market.

When the said Intermediate goods  is consumed in manufacture of final product  i.e Insulated Power Cables (i) whether these activities will call Captively consumed under Notification No.67/95-C.E. dated 16/3/1995  in production of dutiable Insulated Power Cables.

(I) If it is called Captively consumed whether benefit of exemption under Notification No.67/1995 dated 16/03/1995 will be available on used of Aluminum Wire Rod/Copper Wire Rod /PVC Compound/ GI Wire for Armouring of Cable which were used for manufacture of Power Cables cleared at “ NIL” rate of duty by availing  Exemption under Notification No.6/2006 C.E. dated 01/03/2006 as amended under Notification no.12/2012 C.E. dated 17/03/2012 supplied Mega Power Project under International Competitive Bidding  or we are liable to pay the Central excise duty  on intermediate products, manufactured by us and utilized within our factory for manufacture of Insulated Power Cables, as above, by availing benefit of Notification No.67/95-C.E. dated 16/3/1995 cleared “NIL” rate of excise duty under above said Notification to Mega Power Project under International Competitive Bidding

[DR.MARIAPPAN GOVINDARAJAN]

Whether you have got clarified in the above issue? If not please inform.

AI Summary

Captive consumption of intermediate products may determine excise liability for insulated power cables cleared at nil rate under exemption. Whether intermediate stages of producing insulated power cables that are not cleared to market constitute captive consumption, and whether such captive use allows reliance on the Notification No.67/95 exemption; and whether materials used (Aluminium/Copper wire rod, PVC compound, GI wire) for cables cleared at nil rate under the exemption for supplies to a Mega Power Project under international competitive bidding remain exempt when manufactured and consumed within the factory, or attract central excise duty on the intermediate products.