Issue of Credit on inputs used in generating electricity for exempted goods to be decided by larger bench of SC

SUPREME COURT OF INDIA Commissioner of Central Excise, Vadodara Versus Gujarat Narmada Valley Fertilizers Co. Ltd. CIVIL APPEAL NOS. 4189-4196 OF 2010 DECEMBER 11, 2012 JUDGMENT Madan B. Lokur, J.   The assessee utilizes cenvat duty paid Low Sulphur Heavy Stock (for short LSHS) as fuel input for generating steam. The steam so generated is utilized to generate electricity for the manufacture of fertilizer which is exempt from excise duty. According to the assessee, it is entitled to claim cenvat credit on the input, that is, LSHS even though fertilizer is exempt from excise d...