TMI Blog2012 (7) TMI 81X X X X Extracts X X X X X X X X Extracts X X X X ..... aste and by itself cannot be of much use, which is further processed and mixed with Spent Wash and Bio-compost emerges – Held that:- Press-mud and spent wash emerged during the course of sugar have been further processed which resulted in exempted product Bio-compost. Just because the press mud is processed further resulting in exempted product, it cannot be said that the appellant is required to ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... emerging in the sugar factory. On the ground that the bio-compost is not liable to duty and is exempted product and therefore the appellant was required to maintain separate accounts in respect of inputs utilized for the manufacture of dutiable product and bio-compost, Revenue required the appellant to pay 10% of the value of the bio-compost sold in terms of Rule 6(3) of CENVAT Credit Rules with ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... be considered in this case. 3. After hearing the both sides, I find that as submitted by ld.Counsel, the issue is covered by the two High Court decisions cited by him and therefore can be finally decided. Accordingly, the requirement of pre-deposit is waived and the appeal is taken up for final disposal. 4. In this case, the Revenue has taken a view that 10% of the sales price of the bio- ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... product, it cannot be said that the appellant is required to maintain separate accounts. In my opinion, the decision in the case of Rallis India Ltd. is squarely applicable to the facts of this case. Further, in the case of CCE Visakhapatnam Vs. Sri Sarvarya Sugar Ltd. 2010 (250) ELT 542 (Tri-Bang), the Tribunal took a view that the appellant was not required to reverse the 10% of the value of pre ..... X X X X Extracts X X X X X X X X Extracts X X X X
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