The definition of input contained in rule 2(k) has been revised to include goods used for generation of electricity or steam for captive use. As a result CENVAT Credit on inputs used in generation of electricity for captive use can also be taken. But what would be the consequences where Electricity generated in excess is supplied elsewhere? Whether Rule 6 of CENVAT Credit Rules, 2004 be applied, as Rule 6 applies where manufacturer is engaged in manufacture of Dutiable as well as exempted goods. For clarification, Electricity is neither Excisable nor exempted goods, rather it comes under the category of non-excisable goodsCCE v. Kesar Enterprises Ltd. 2001(130) ELT 93 (CEGAT). Please suggest with reference to relevant provisions, notifications, circulars and judgements.
.Goods which are not excisable goods cannot be said to be exempt from duty or chargeable to nil rate of duty - view confirmed inCredit on inputs used in electricity generation
CA Prabhat Gupta (Manager (Indirect Taxes)) (821 Points)
06 September 2011