TMI Blog2017 (11) TMI 870X X X X Extracts X X X X X X X X Extracts X X X X ..... sugar. Hence the ratio of the judgment of Hon’ble Apex Court in the case of M/s DSCL Sugar Ltd. [2015 (10) TMI 566 - SUPREME COURT] , will apply equally two products, where it was held that Bagasse is only an agricultural waste and residue, which itself is not the result of any process. Therefore, it cannot be treated as falling within the definition of Section 2(f) of the Act and the absence of m ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... CX dated 25.04.2016. 3. On perusal of records, we find that the issue is regarding to reversal of an amount equivalent to 10% or 5% for the value of the goods i.e. bagasse and pressmud cleared products during the period 01.04.2005 to 31.01.2010. The Adjudicating Authority has confirmed the demands raised along with interest and imposed penalties. On an appeal, the First Appellant Authority cons ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... records, we find that the Revenue is defeat on merits the as specifically held that as arising bagasse during the manufacture of sugars does not amount to manufacture and goods are not excisable and accordingly, the provision of Rule 6 of CENVAT Credit Rules, 2004 shall have no application. We find that accepting the decision of Hon ble Apex Court of CBEC Circular dated 25.04.2016 withdrawing the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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