2014 (8) TMI 320 - AT - Central Excise

Cenvat Credit - Clearance of bagasse and press-mud - exempted goods - Held that - Bagasse and press mud are waste products arising during the course of manufacture of sugar, which cannot be considered as excisable goods or final products and, therefore, the question of invoking the provisions of Rule 6 (3) of the CENVAT Credit Rules, 2004 does not arise at all. Following the Balarampur Chini Mills Ltd. vs. Union of India 2013 (1) TMI 525 - ALLAHABAD HIGH COURT , this Tribunal also, in the case of Commissioner of Central Excise, Pune II vs. DY Patil SSK Ltd. & Ors. 2014 (4) TMI 52 - CESTAT MUMBAI had set aside the demands on such waste products arising during the course of manufacture of sugar. The ratio of these decisions applies squarely to the facts of the present case - Decided in favour of assessee.

Summary

Issues:
1. Upholding duty demand on bagasse and press-mud under Rule 6(3) of CENVAT Credit Rules 2004.
2. Applicability of previous decisions on the issue.
3. Pre-deposit requirement and appeal disposal.

Analysis:

1. The judgment pertains to an appeal against the duty demand of &8377; 4,10,927/- on M/s. Baramati Agro Ltd. for the clearance of bagasse and press-mud. The lower appellate authority upheld the duty demand along with interest and penalty under Rule 6(3) of the CENVAT Credit Rules 2004. The appellant challenged this decision before the Tribunal.

2. The appellant's counsel argued that previous decisions by the Tribunal and the Allahabad High Court have established that bagasse, a waste product from sugar manufacturing, does not qualify as an excisable final product. Citing the decision in Balarampur Chini Mills Ltd. vs. Union of India, it was contended that Rule 6(3) of the CENVAT Credit Rules 2004 should not be applied to bagasse. The Additional Commissioner for the Revenue acknowledged that the issue has been settled in favor of the assessee in various tribunal decisions.

3. Considering the settled nature of the issue and the precedents, the Tribunal decided to dispense with the pre-deposit requirement and proceeded to hear the appeal. The Tribunal referenced the judgment of the Allahabad High Court in Balrampur Chini Mills Ltd. vs. Union of India, which clarified that bagasse and press mud are waste products and not excisable goods. Citing the decision in Commissioner of Central Excise, Pune vs. DY Patil SSK Ltd., the Tribunal set aside the duty demands on waste products arising during sugar manufacturing. Consequently, the impugned order was overturned, and the appeal was allowed with appropriate relief as per the law.

4. In conclusion, the Tribunal's judgment revolved around the interpretation of Rule 6(3) of the CENVAT Credit Rules 2004 concerning the classification of bagasse and press mud as waste products in the context of sugar manufacturing. By relying on established precedents, the Tribunal ruled in favor of the appellant, setting aside the duty demand and providing consequential relief.