Home Case Index All Cases Central Excise Central Excise + AT Central Excise - 2017 (10) TMI AT This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2017 (10) TMI 1322 - AT - Central ExciseCENVAT Credit - Bagasse emerging as a waste - Revenue is of the view that as respondent is manufacturing bagasse which is an exempted goods and the respondent has not reversed cenvat credit attributable to input service used in bagasse in terms of Rule 6(3) of the CCR 2004, the respondent is required to pay 5%/10% of the value of bagasse - Held that:- The issue has been settled by the Hon'ble Apex Court in the case of DSCL Sugar Ltd. [2015 (10) TMI 566 - SUPREME COURT] wherein the Hon'ble Apex Court has held that as a bagasse is emerging during the course of manufacturing of sugar and molasses, is not a manufactured goods. Therefore, provisions of Rule 6 of CCR 2004 are not applicable. The respondents are not required to reverse cenvat credit on inputs/input service attributable to bagasse. Consequently, is not required to pay 5%/10% of the value of bagasse. Appeal dismissed - decided against Revenue.
|