2019 (6) TMI 186 - AT - Central Excise

CENVAT Credit - Bagasse Press-mud - Rule 6(3) of the Cenvat Credit Rules, 2004 - period covered is from 01st March, 2015 to July, 2015 - HELD THAT - It was held in appellant s own case in Hon ble Supreme Court s decision in the case of UNION OF INDIA VERSUS DSCL SUGAR LTD. 2015 (10) TMI 566 - SUPREME COURT that Press-mud Bagasse are not arising out of manufacturing activity and the same are agriculture Waste Residue. Appeal allowed - decided in favor of appellant.

Summary

Issues:
1. Interpretation of Cenvat Credit Rules, 2004 regarding the obligation to pay a fixed percentage on the value of non-excisable goods removed.
2. Classification of Bagasse and Press-mud as agriculture waste and residue for the purpose of Cenvat Credit.

Analysis:
1. The judgment dealt with the interpretation of the Cenvat Credit Rules, 2004, specifically focusing on the obligation of manufacturers to pay a fixed percentage on the value of non-excisable goods removed. The case involved an appellant engaged in manufacturing Sugar & Molasses, who were removing Bagasse & Press-mud during the period from 01st March, 2015 to July, 2015. The Tribunal noted an amendment in the explanation under Sub-rule (1) of Rule 6 of the Cenvat Credit Rules, 2004, which imposed the obligation to pay a fixed percentage of the value of non-excisable goods removed when Cenvat Credit on input & input services are availed. The Tribunal referred to a previous decision in the appellant's own case which had settled the issue, relying on the Supreme Court's decision that Press-mud & Bagasse are classified as agriculture Waste & Residue, not arising out of manufacturing activity.

2. The second issue addressed in the judgment was the classification of Bagasse and Press-mud as agriculture waste and residue for the purpose of Cenvat Credit. The Tribunal, in line with the settled position of law established in the appellant's own case and the Supreme Court's decision in Union of India Versus DSCL Sugar Ltd., held that Bagasse & Press-mud are not arising out of manufacturing activity but are considered agriculture waste and residue. This classification played a crucial role in the decision to set aside the impugned order and allow the appeal, as the Tribunal found that the issue was settled and no longer res-integra based on previous legal precedents and interpretations.

In conclusion, the judgment provided a detailed analysis of the interpretation of the Cenvat Credit Rules, 2004, specifically focusing on the obligation to pay a fixed percentage on the value of non-excisable goods removed. Additionally, the classification of Bagasse and Press-mud as agriculture waste and residue was a key aspect of the decision, based on established legal principles and precedents.