Home Case Index All Cases Central Excise Central Excise + AT Central Excise - 2016 (4) TMI AT This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2016 (4) TMI 1298 - AT - Central ExciseCENVAT credit - manufacturer of sugar and molasses as well as exempted Bagasse - non-maintenance of separate records - reversal of 10% of the price of the exempted final products - Held that: - he issue of reversal of Cenvat, on bagasse have been decided in favor of assessee by the Apex Court in U.O. India v. DSCL Sugar Ltd. [2015 (10) TMI 566 - SUPREME COURT], where it was held that it is not in dispute that Bagasse is only an agricultural waste and residue, which itself is not the result of any process. Therefore, it cannot be treated as falling within the definition of Section 2(f) of the Act and the absence of manufacture, there cannot be any excise duty. Since it is not a manufacture, obviously Rule 6 of the Cenvat Rules, 2004, shall have no application - the Appeal is allowed subject to payment of cost of ₹ 10,000/- to be paid in ‘Prime Minister’s National Relief Fund’.
|