Chartered Accountant
Bookmark and Share
click here to subscribe our newsletter
 
 
Corporate News *   CBIC issues draft rules for Customs valuation *  Top Headlines: Threshold for Benami deals, green bond investors, and more *  Govt aims 1-hour clearance for goods at all ports *  Exporters Allowed To Use RoDTEP, RoSCTL Scrips To Pay Customs Duty, Transfer Them; Rules Amended *  Millions of labourers to be affected by brick producers’ strike over hike in GST, coal rates *  Inauguration of ‘kendriya GST parisar’ *  Transporter can seek Release of Conveyance alone, not Goods under GST Act: Madras HC *  GST: Quoting of DIN Mandatory for Responding to Notice, Govt Modifies Portal *  Firms can soon file claims for GST credits of ?400 cr *  CBIC issues modalities for filing transitional credit under GST. *  Mumbai: Man creates 36 fake GST firms, arrested for input tax credit fraud of Rs 23 cr *  Report to restructure Commerce Ministry under study; idea is to set up trade promotion body: Goyal *  Firms can soon file claims for GST credits of ?400 cr *  Gambling Alert! Govt May Levy Up To 28% GST; UP, Bengal Back Move *  EPFO backs raising retirement age to ease pressure on pension funds *  India Moving Up Power Scale, Set to Become Third Largest Economy By 2030 *  Airfares Get Expensive: What Changes for Flyers From Today? *  IRCTC Latest News: Passengers to Pay More For Cancelling Confirmed Rail Tickets Soon. *  IBC prevails over Customs Act, says Supreme Court. *  As GST enters sixth year, a time for evaluation and reassessment *  There’s GST on daily essentials as Centre needs money to buy MLAs: Arvind Kejriwal *  Now, GST on cancellation of confirmed train tickets, hotel bookings *  GST kitty for top States could rise 20% in FY23, says Crisil *  French customs officials seize another cargo vessel over Russia sanctions *  TradeLens builds on Asia momentum with Pakistan Customs deal *  Hike tax on tobacco, reduce affordability & increase revenue: Civil society organizations to GST council *  Bihar: ?10 crore tax evasion on tobacco products detected in raids *  Centre failed on GST, COVID; would it be anti-national? Rajan on Infosys row *  Service Tax not Chargeable on Income Tax TDS portion paid by recipient: CESTAT grants relief to TVS *  Foreign portfolio investors make net investment of Rs 7575cr in Sep so far
Subject News *  Run-up to Budget: Monetary threshold for GST offences may rise to Rs 25 cr *   GST (Tax) E-invoice Must For Businesses With Over Rs 5 Crore Annual Turnover *   Both Central GST and excise duty can be imposed on tobacco, rules Karnataka high court *   CBIC Issues Clarification On Extended Timelines For GST Compliance *   CBIC Issues Clarification On Extended Timelines For GST Compliance *  Budget 2023- 9.6 crore gas connections *  GST: Tamil Nadu Issues Instructions for Assessment and Adjudication Proceedings *  GST: CBIC Extends Last Date for filing of ITC *  GST collection in September surpasses Rs 1.4 lakh crore for straight seventh time *  Dollar smuggling case: Customs chargesheet names M Sivasankar as key conspirator. *  Hike in GST rates fuels inflation *  Assam: CBI arrests GST commissioner in Guwahati *  GST fraud worth ?824cr by 15 insurance Cos detected *  India proposes 15% customs duties on 22 items imported from UK *  Decriminalising certain offences under GST on cards *  Surge in GST collections more due to higher inflation: India Ratings *  MNRE Notifies BCD and Hike in GST Rates as ‘Change in Law’ Events But With a Condition | Mercom India *   Solar projects awarded before customs duty change allowed cost pass-through *  Rajasthan High Court Dismisses Writ Petitions Challenging Levy Of GST On Royalty *   GST revenue in September likely at Rs 1.45 lakh crore *  Govt working on decriminalising certain offences under GST, lower compounding charge *  Building an institution like GST Council takes time, trashing is easy: Sitharaman *  GST collections in Sept may touch ?1.5 lakh crore *  KTR asks Centre to withdraw GST on handlooms *  After Gameskraft, More Online Gaming Startups To Receive GST Tax Claims *  Madras HC: AAR Application Filed Under VAT Does Not Survive After GST Enactment *  Threshold for criminal offences under GST law may be raised *  Bengaluru: Gaming company faces biggest GST notice of Rs 21,000 crore *  CBIC clarifies Classification of Cranes for GST, Customs Duty *  Customs seize gold hidden in bicycle in Kerala airport  

Comments

Print   |    |  Comment

PJ/Case Law/2013-14/1722

Whether credit in respect of services used for generation of electricity for captive use admissible?

Case:-JSWSTEEL LTD Vs COMMISSIONER OF CENTRAL EXCISE, THANE-II
 
Citation:-  2013-TIOL-1146-CESTAT-MUM
 
Brief facts:-Material facts of this case are that Revenue denied credit in respect of Service Tax paid on Input services which are used in or in relation to the generation of electricity in a captive power plant on the ground that definition of Inputs & Input Services are different and there is no provision in the definition of “Input Service” for allowing credit in respect of services used for generation of electricity for captive use. Appellant submitted that the power generated in the captive power plant is partly used in manufacture of dutiable final products and partly sold to Maharashtra State Electricity Development Corporation and they had taken proportionate credit in respect of input services which had gone into generation of electricity which is used in manufacture of final product and in case of taxable services covered under rule 6(5) of CCR, they availed full credit. Revenue also contended that applicants had not opted to follow the provisions of Rule 6 and not informed regarding taking of proportionate credit. The applicant filed this application for waiver of pre-deposit of duty of Rs. 1,69,77,363/-, interest and penalty. The demand is confirmed after denying the credit in respect of the service tax paid on input services which are used in or in relation to the generation of electricity in a captive power plant.
 
Appellant’s contention:- The contention of the applicant is that the applicants were having the captive power plant and the power generated in the active power plant is partly used in the manufacture of final product which is cleared on payment of duty and partly the electricity was sold to Maharashtra State Electricity Development Corporation. The applicants were availing proportionate credit in respect of the input services which have gone into generation of electricity which is used in  the manufacture of final product. In case of taxable services which are covered under Rule 6(5) of the Cenvat Credit Rules, the applicant’s availed full credit of service tax paid. The applicants relied upon annexures B and C to the show cause notice where it is admitted that the applicants were taking proportionate credit in respect of the input services which have gone into the generation of electricity used in the manufacture of goods. The contention is that the adjudicating authority denied the credit on the ground that the definition of input and input services are different and inputs used in or in relation to generation of electricity whereas no such provision is under the definition of input service. The input service also includes any service used by the manufacturer whether directly or indirectly in relation to the manufacture of final product. The input services which are used in the generation of electricity are directly and indirectly used in the manufacture of final product which is cleared on payment of duty, therefore the interpretation given by the learned Commissioner in the impugned order is contrary to the provisions of the Cenvat Credit Rules.

Respondent’s contention:-The Revenue submitted that the applicants had not opted as per the provisions of Rule 6 of the Cenvat Credit Rules for availing proportionate credit and had not informed the Revenue regarding taking of proportionate credit. The Revenue also submitted that the applicants never disclosed to the Revenue that part electricity so generated is sold to Maharashtra State Electricity Development Corporation hence the demand is rightly made.
 
Reasoning of judgement:- The bench found that the adjudicating authority denied the credit in respect of service tax paid on the taxable services which are used in or in relation to generation of electricity. Part of such electricity was sold outside the factory. The applicants are availing proportionate credit in respect of the service tax paid on the taxable services which are used in or in relation to manufacture of goods. The arguments raised by the Revenue during the hearing of the stay application were not the basis for denying the credit in the impugned order. As the applicants were availing only proportionate credit in respect of the taxable services which were used in or in relation to generation of electricity which is, further used in the manufacture of excisable goods hence the applicants made out a case for waiver of pre-deposit of the dues. Therefore, the pre-deposit of the dues is waived and recovery of the same is stayed during the pendency of the appeal.
 
Decision:-The stay petition was allowed.
 
Comment:-The analogy drawn from this case is that prima facie the manufacturer is eligible for claiming the service tax credit in respect of services that are used in the generation of electricity that is captively consumed in the manufacture of the final dutiable products.
 

Department News


Query

 
PRADEEP JAIN, F.C.A.

Head Office : -

Address :
"SUGYAN", H - 29, SHASTRI NAGAR, JODHPUR (RAJ.) - 342003

Phone No. :
0291 - 2439496, 0291 - 3258496

Mobile No. :
09314722236

Fax No. :0291 - 2439496


Branch Office : -

Address:
1008, 10th FLOOR, SUKH SAGAR COMPLEX,
NEAR FORTUNE LANDMARK HOTEL, USMANPURA,
ASHRAM ROAD, AHMEDABAD-380013

Phone No. :
079-32999496, 27560043

Mobile No. :
093777659496, 09377649496

E-mail :pradeep@capradeepjain.com