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2014 (8) TMI 326 - CESTAT NEW DELHICENVAT Credit - Non maintenance of separate accounts - clearance of Bagasse - Held that:- not withstanding the amendment to Section 2(d) by adding explanation to this Section, the Bagasse arising in the course of manufacture of sugar cannot be treated as excisable goods, it continues to remain waste and it does not become a manufactured final product for the purpose of Rule 6 of Cenvat Credit Rules, 2004 - in respect of clearances of Bagasse no amount would be payable under rule 6(3) of the Cenvat Credit Rules, 2004, that in this regard, Hon'ble High Court quashed the Board's Circular No.105/24/09-Ex dated 28.10.2009; and that in view of this, the impugned order is not sustainable - Following decision of of Balrampur Chini Mills Ltd. reported in [2013 (1) TMI 525 - ALLAHABAD HIGH COURT] - Decided in favour of assessee.
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