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2014 (8) TMI 912 - AT - Central ExciseImposition of penalty - non maintenance of separate records - consumption of inputs/input services used in the manufacture of dutiable as well as exempted products - Held that:- This is a case where demand @ 10%/5% of the value of bagasse cleared without payment of duty has been made during the course of manufacture of sugar. Bagasse is a waste/by-product - In a recent decision the hon'ble apex Court in the case of Hindustan Zinc Ltd. held that the provisions of Rule 6(3) of the CENVAT Credit Rules 2004 will not apply to by-products arising in the course of manufacture and, therefore, reversal of credit or payment of a sum @ 10%/5% of the value of exempted by-product would not arise at all - Decided in favour of assessee.
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