TMI Blog2015 (4) TMI 423X X X X Extracts X X X X X X X X Extracts X X X X ..... alcohol. - availing cenvat credit while availing exemption in respect of Rectified Spirit (RS), Absolute Alcohol (AA) Extra Neutral Alcohol (ENA), all conforming to the alcohol volume in excess of 95%. - Held that:- As noticed by the Bombay High Court in its rulling in Niphad Sakhar (2014 (1) TMI 1384 - BOMBAY HIGH COURT) , all the tariff entries w.e.f. 01.03.2005 and the consequent exemption no ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the CESTAT to deposit ₹5 crores as pre-condition for the hearing of the appeal was justified. 4. The Appellant s composite manufacturing unit is having interdependent and integrated plants for manufacturing sugar and alcohol. The Appellant is manufacturing sugar and molasses from sugarcane. The assessee sought the benefit of notification No.3/2005 in respect of Rectified Spirit (RS), Ab ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... stay application afresh. However, while considering the stay application both the decisions of the Tribunal in the matter of Ugar Sugar Works Ltd. referred to herein above would be considered to take a prima facie view whether the same is applicable to the facts of the present case before directing the amount of pre-deposit required to be made by the appellant for the purpose of entertaining its ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... excisable. Prima facie, it appears that revenue s argument is at loggerheads with the notification. As noticed by the Bombay High Court in its rulling in Niphad Sakhar (supra) , all the tariff entries w.e.f. 01.03.2005 and the consequent exemption notification have resulted in a different regime. Even otherwise the submission made by the revenue to the effect might be startling, consequent prima f ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
