2017 (9) TMI 2020 - HC - Central Excise

CENVAT Credit - molasses is bye product arising in the course of manufacturer of sugar and it is used for other dutiable as well as non dutiable goods - HELD THAT - The substantial question of law framed on 18th February, 2015 is accordingly answered in the negative, in favour of the assessee and against the revenue. The First Appeal is disposed of.

Summary

Issues:
Interpretation of Central Excise and Customs Act and Rules, 1944 regarding the utilization of credit earned on molasses for payment of duty on sugar.

Analysis:
The High Court considered the substantial question of law regarding the legality of an order passed by the CESTAT concerning the utilization of credit earned on molasses for the payment of duty on sugar. The key issue was whether molasses, a by-product of sugar manufacturing, could be considered an input required for the production of sugar, thus allowing the credit earned on molasses to be used for duty payment on sugar. The court referred to a judgment of the Madras High Court in a similar case, highlighting paragraphs 10 to 13 and accepting that the issue in the present case aligns with the Madras High Court's decision. The court ultimately ruled in favor of the assessee, answering the substantial question of law in the negative, indicating that the credit earned on molasses can indeed be utilized towards the payment of duty on sugar. As a result, the First Appeal was disposed of in favor of the assessee, with no order as to costs being issued.