2018 (7) TMI 313 - AT - Central Excise

CENVAT Credit - Rule 6 of Cenvat Credit Rules, 2004 - whether press mud, bio-compost, bio-fertiliser and wormi compost are to be considered as exempted products? - Held that - The Tribunal has held in the case of Commissioner of Central Excise & Service Tax, Patna vs. Riga Sugar Company Ltd. 2016 (5) TMI 1444 - CESTAT KOLKATA that waste product will not fall under the purview of exempted product and accordingly the provisions of Rule 6(3) are not applicable - the appellant was not liable to pay the amount as contemplated under Rule 6 (3) of the Cenvat Credit Rules, 2004. Demand for the month of March, 2015 - Held that - The effect of amendment of Rule 6 ibid is that the benefit of claim of non-application of Rule 6, shall not be available to the waste/by-product, if the same are cleared from the factory on receipt of consideration - In this case, since the appellant had removed Bio-compost, Bio-Fertiliser, Wormi Compost and Press Mud upon receipt of consideration from the buyers, it is squarely covered under the Explanation appended to Rule 6 w.e.f. 01.03.2015, the appellant is liable to pay amount as contemplated under Rule 6 (3) ibid - the matter is remanded to the Adjudicating Authority to segregate the demand for the month of March, 2015 - For rest of the period the appeal is allowed. Appeal allowed by way of remand.

Summary

Issues:
1. Interpretation of Rule 6 of Cenvat Credit Rules, 2004 regarding waste products generated during manufacturing.
2. Applicability of exemption for Bio Compost, Bio-Fertiliser, Wormi Compost, and Press Mud.
3. Impact of the amendment to Rule 6 effective from 01.03.2015.

Analysis:
1. The case involved a dispute regarding the liability of the appellant, a sugar and molasses manufacturer, for not following the prescribed procedure under Rule 6 of Cenvat Credit Rules, 2004 for waste product removal. The department initiated proceedings leading to an adjudication against the appellant, upheld by the Ld. Commissioner (Appeals), prompting the appeals before the Tribunal.

2. The appellant argued that the waste products, including Bio Compost, Bio-Fertiliser, and Wormi Compost, should be considered exempted excisable goods based on a previous Tribunal decision. The Revenue contended that the appellant was liable under Rule 6 of Cenvat Credit Rules, 2004, citing an explanation appended to the rule effective from 01.03.2015.

3. The Tribunal analyzed the issue and referred to a previous decision regarding the treatment of waste products. It was held that waste products like Press Mud, Bio-compost, Bio-fertilizer, and Wormi Compost do not fall under the purview of exempted products. While acknowledging the appellant's non-liability under Rule 6 (3) before the amendment, the Tribunal noted the impact of the amended Rule 6 effective from 01.03.2015. The explanation appended to the rule clarified that waste products cleared from the factory for a consideration would not be exempted. Consequently, the appellant was directed to pay the amount as per Rule 6 (3) for the period from March 2015, with the rest of the appeal being allowed.

In conclusion, the Tribunal remanded the matter to the adjudicating authority for segregating the demand for March 2015, while allowing the appeal for the remaining period. The decision provided a nuanced interpretation of Rule 6 in light of the specific circumstances of waste products generated during the manufacturing process, emphasizing the impact of the rule amendment on the appellant's liability.