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2017 (10) TMI 16 - CESTAT BANGALORECENVAT credit - reversal of credit - change in classification of product - penalty - Held that: - the penalty imposed seems to be unwarranted as the issue was regarding the classification due to change in the Tariff. It is a settled law that the penalty need not be imposed due to the dispute on classification - penalty set aside. Reversal of CENVAT credit - clearance of exempt intermediary product/by product - Neem Oil, De-oiled cake, Husk and Spent Meal - Held that: - When it is admitted and accepted that these products Neem Oil, De-oiled cake, Husk and Spent Meal arise during the course of manufacturing of fungicides and insecticides, the said products cannot be held as an exempted final product manufactured by the appellant - the law is settled by the apex court in the case of DSCL Sugar Ltd. [2015 (10) TMI 566 - SUPREME COURT], where it was categorically settled the law that waste products arising during the course of manufacture of final products cannot be covered under the definition of manufacture as per Section 2(f) of Central Excise Act, 1944 thereby laying to rest the Revenue s contention that any product that emerges during the course of manufacturing and having commercial and technological meaning of finished goods is not a manufactured product. Appeal allowed - decided in favor of appellant.
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