2005 (3) TMI 670 - AT - Central Excise

Summary

Issues involved: Application for waiver of pre-deposit of duty and penalty under Rule 57CC for clearance of Bagasse as a by-product.

Analysis:
The appellant, engaged in the manufacture of Sugar, sought waiver of pre-deposit of duty and penalty amounting to Rs. 8,21,876/- and Rs. One lakh, respectively, for the clearance of Bagasse without payment of duty. The Revenue contended for 8% levy on the value of cleared Bagasse under Rule 57CC of Central Excise Rules. The appellant relied on a Tribunal decision in a similar case where it was held that no demand can be made under Rule 57CC for Bagasse clearance. In contrast, the Revenue cited a Madras High Court decision confirming duty demand on Bagasse as an excisable product. The primary issue revolved around the applicability of Rule 57CC to Bagasse, a by-product, not addressed in the Madras High Court case. The Tribunal found the appellant's case strong prima facie, leading to the waiver of the entire duty and penalty for the appeal hearing, scheduled for further arguments on 29-6-2005.

This judgment highlights the interpretation and application of Rule 57CC concerning the clearance of Bagasse, a by-product in the sugar manufacturing process. The Tribunal's decision to waive the pre-deposit of duty and penalty was based on the appellant's reliance on a precedent where a similar demand under Rule 57CC was rejected. The contrasting decisions from the Tribunal and the Madras High Court underscore the legal ambiguity surrounding the excisability of Bagasse and the applicability of Rule 57CC. The Tribunal's acknowledgment of the unaddressed issue in the Madras High Court case as a strong point in the appellant's favor signifies a crucial aspect of the legal argumentation in this appeal. The adjournment for further arguments indicates the complexity and significance of the legal principles involved in determining the duty liability on Bagasse clearance, emphasizing the need for a detailed examination of the legal provisions and precedents in subsequent proceedings.