2014 (1) TMI 265

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..... I find that the impugned demand was quantified at 10%/5% of the sale price of 'bagasse' and 'press mud' which were disposed of by the appellant without payment of duty during the material period. At the same time, the appellant cleared their final products (sugar and molasses) on payment of duty. The impugned demand is in terms of Rule 6(3) of the CENVAT Credit Rules, 2004 inasmuch as the appella .....

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..... was not a manufactured product though marketable. In this view of the matter, the bagasse and press mud removed by the appellant without payment of duty during the material period are not to be considered as 'exempted goods' for purposes of Rule 6(3) ibid. In the result, prima facie, the impugned demands are liable to be set aside. The stay application is, therefore, allowed. Accordingly, there w .....

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