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2024 Supreme(Online)(CESTAT) 256

CUSTOMS EXCISE & SERVICE TAX APPELLATE TRIBUNAL
HON’BLE MR. P. A. AUGUSTIAN, MEMBER (JUDICIAL), HON’BLE MRS R. BHAGYA DEVI, MEMBER (TECHNICAL)
M/s. JSW Steel Limited – Appellant
Versus
Commissioner of Central Tax and Central Excise – Respondent


Advocates:
For the Appellant: Mr. Ravi Raghavan, Mrs. Meghna Lal
For the Respondent: Mr. P. Saravana Perumal, AR

Table of Content
1. background of the case and relevant parties involved. (Para 1)
2. arguments regarding the applicability of credit rules and necessary revisions. (Para 2)
3. court discussion on the correct interpretation of the cenvat credit rules. (Para 3 , 4 , 5)
4. clarified ruling regarding the eligibility of credit and reversal methodologies. (Para 6)
5. conclusion that the appeal allows credibility of credit reversal. (Para 7)

Per R. BHAGYA DEVI:

The appellant M/s. JSW steel Ltd had an integrated steel plant where they manufacture iron and steel products. They procure various inputs, input services and capital goods on which they avail cenvat credit in terms of Cenvat Credit Rules 2004 ( CCR 2004). Apart from manufacturing various dutiable and exempted goods, they are also involved in generation of electricity by consuming inputs such as coal, gas, etc. The electricity so generated in the power plant is partly used by the appellant within the factory and the excess portion is wheeled out to various other entities. The appellant had taken credit on input and inputs services used in the generation of electricity and in terms of Rule 6(3)(ii) of the , 2004 opted to follow the pro

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