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2016 (6) TMI 1098 - CESTAT MUMBAI

2016 (6) TMI 1098 - CESTAT MUMBAI - TMI - Excise duty on bagasse and pressmud - payment of 5% or 10% of the value of exempted goods, i.e., bagasse and pressmud cleared by the appellant - Held that:- The issue is no more res integra as the bagasse and pressmud arising during the course of manufacturing of sugar. The Hon’ble Supreme Court in the case of UOI Vs DSCL Sugar Ltd., (2015 (10) TMI 566 - SUPREME COURT ) has held that bagasse and pressmud is a non-excisable products. - Thus as the bag .....

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l of the records, I find that the issue involved in this case is regarding payment of 5% or 10% of the value of exempted goods, i.e., bagasse and pressmud cleared by the appellant. It is the case of the revenue that the appellant having availed Cenvat Credit on various inputs and input services needs to reverse an amount of 5% or 10% as the case may be against the clearances of bagasse and pressmud as they are not discharging excise duty on the said goods. In my view, the issue is no more res in .....

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