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2015 (9) TMI 1022 - CESTAT AHMEDABAD

2015 (9) TMI 1022 - CESTAT AHMEDABAD - TMI - Denial of exemption claim - whether the bi-products Baggase and Press Mud arising during the process of manufacture of excisable goods i.e. Sugar should be considered as exempted goods for the purpose of reversing of an amount equivalent to 5% or 10% under the provisions of Rule 6(3) OF CENVAT Credit Rules, 2004 - Held that:- It is observed that in the case of Balrampur Chinni Mills Vs UoI [2013 (1) TMI 525 - ALLAHABAD HIGH COURT], Hon’ble Allahabad H .....

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not sustainable and is required to be set aside - Decided in favour of assessee. - Appeal No.E/10789/2013-SM - Order No. A/11014 / 2015 - Dated:- 16-7-2015 - Mr. H.K. Thakur, J. For The Appellant: None For The Respondent: Shri L. Patra, Authorised Representative Per: H.K. Thakur This appeal has been filed by the Appellant against OIA No. CCEA-SRT-I/SSP-370/2012-13/U/S 35A(3)(Final Order), dt.25.02.13. The issue involved is whether the bi-products Baggase and Press Mud arising during the process .....

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ue argued that as per Circular No.904/24/09-CX, dt.28.10.2009 issued by CBEC and subsequent Circular No.941/02/2011-CX dt.14.02.2011, the cases pending for the period prior to Budgetary changes of 2008 will not be affected by the dismissal of appeal by the Hon ble Supreme Court on 21.07.2010 in the case of M/s Balrampur Chinni Mills. Learned Authorised Representative, therefore, strongly defended the order passed by the First Appellate Authority. 3. Heard both sides and perused the case records. .....

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