2012 (5) TMI 783

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..... ___ Per Archana Wadhwa: After hearing both sides, I find that the issue is involved as to whether the appellant was required to pay 10% of the value of pressmud which comes into existence during the course of manufacture of sugar. The demand stands confirmed against the appellant in terms of the provisions of Rule 6(3)(b) of Cenvat Credit Rules on the ground that press mud is an exempted excisa .....

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..... sideration and such goods shall be deemed to be a marketable, the pressmud is required to be held as marketable and hence excisable, inasmuch as the appellants are selling the pressmud for a consideration. 3. I find that identical issue was considered by the Tribunal`s Division Bench in the case of Indian Potash Ltd. and vide Final Order No. A/486/12-Ex (Br) dated 20.4.12, it was held as under:- .....

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..... which common Cenvat credit availed inputs have been used in manufacture of sugar and molasses (dutiable final product) and bagasse (exempted final product). Since Bagasse emerges at sugarcane crushing stage, there is no possibility of any inputs-chemicals etc. having been used at that stage. Accordingly, we find merit in the contention of the appellant. The impugned order is set aside. The appeal .....

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