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2002 Supreme(SC) 1164
Supreme Court Of India
COMMISSIONER OF CENTRAL EXCISE, HYDERABAD
Versus
ASSOCIATED CEMENT COMPANIES Limited, MANCHERIAL, ADILABAD
Decided on : November 28, 2002
Headnote:
Central Excise Rules, 1944, of Rules 57-B (As stood prior to 2.3.1998) and 57-A - Modvat credit for High Speed Diesel oil- The Tribunal allowed the appeal of the assessee holding that modvat credit was available for high speed diesel oil used as fuel for generation of electricity - Tribunal took the view that modvat credit was required to be extended to HSD oil used as fuel for generation of electricity which in turn is used for running of machine for manufacture of final product- Upholding the order of the Tribunal held that unamended Rule 57-B provides that notwithstanding anything contained in Rule 57-A, the manufacturer of final product shall be allowed to take credit of the specified duty paid on the goods used for generation of electricity or steam used for manufacture of final product -The assessee held entitled to get the benefit of the notification till rule 57B was amended. [Paras 4 and 5]
( 1 ) HEARD the learned counsel for the parties.
( 2 ) THIS appeal is filed against the judgment and order dated 8-9-1999 passed by the Customs, Excise and Gold (Control) Appellate Tribunal, South zone, Madras (for short "the Tribunal") in Appeals Nos. E/stay/94 of 1999 and E/1073 of 1999 whereby the Tribunal allowed the appeal of the assessee by holding that in previous decisions rendered by the Tribunal, it was decided that MODVAT credit is available for high-speed diesel oil used as fuel for generation of electricity which in turn is used for running the cement plant for the period prior to 1-3-1997 as well as subsequent thereto up to 1-3-1998. It is also pointed out that the Tribunal has all throughout taken a consistent view that MODVAT credit is required to be extended to HSD oil used as fuel for generation of electricity which in turn is used for running of machine for manufacture of final product.
( 3 ) MR Ranjit Kumar, learned Senior Counsel appearing for the department, referred to all relevant rules, trade notice issued under Section 57-A as well as notifications on the subject and has also succinctly pointed out the contentions which are sought to be raised by the Department.
( 4 ) IN our view, unamended Rule 57-B leaves no doubt on the issue in question. It provides that notwithstanding anything contained in Rule 57-A, the manufacturer of final product shall be allowed to take credit of the specified duty paid on the goods used for generation of electricity or steam used for manufacture of final product or for any other purpose within the factory of production. This rule was amended only on 2-3-1998 by adding the following Explanation:"explanation. For the purposes of this sub-rule, it is hereby clarified that the term inputs refers only to such inputs as may be specified in a notification issued under Rule 57-A. "
( 5 ) IN this view of the matter, in our view, the Tribunal was fully justified in arriving at the conclusion that the assessee was entitled to get the benefit of the notification till Rule 57-B was amended. In the result, this appeal fails and is dismissed. There shall be no order as to costs.
