2012 (10) TMI 5 - AT - Central Excise

Demand confirmed on the ground that appellant has used common inputs for manufacturing dutiable as well as exempted goods - appellant engaged in the manufacture of sugar and during the course of manufacturing sugar by-product Pres-mud emerges, which is further processed to result in exempted product Bio-compost - non-maintenance of separate accounts - Held that - Press-mud is a by-product or waste. In this case, the press-mud and spent wash emerged during the course of sugar have been further processed which resulted in exempted product Bio-compost. Just because the press mud is processed further resulting in exempted product, it cannot be said that the appellant is required to maintain separate accounts. Further, in the case of CCE Visakhapatnam Vs. Sri Sarvarya Sugar Ltd (2009 (7) TMI 670 - CESTAT, BANGALORE ), Tribunal took a view that the appellant was not required to reverse the 10% of the value of press mud under Rule 6 of CENVAT Credit Rules, 2004. In view of aforesaid, impugned order is set-aside - Decided in favor of assessee

Summary

Issues:
Waiver of pre-deposit of confirmed duty and penalty amount; Use of common inputs for manufacturing dutiable and exempted goods; Requirement of maintaining separate accounts under Rule 6 of Cenvat Credit Rules, 2004.

Analysis:
The judgment pertains to a stay petition seeking waiver of pre-deposit of an amount confirmed as duty with an equal penalty. The adjudicating authority and the first appellate authority upheld the demand due to the use of common inputs for manufacturing dutiable and exempted goods. It was argued that the appellant, engaged in sugar manufacturing, produced a waste by-product called Pres-mud, further processed into an exempted product, Bio-compost. The authorities contended that since the appellant did not maintain separate accounts as per Rule 6 of Cenvat Credit Rules, 2004, they were liable to pay 10% of the value of the exempted by-product.

The judge noted the precedent set by the Tribunal in a similar case and a decision by the Hon'ble High Court of Gujarat. The judge highlighted that the emergence of waste or by-product during manufacturing does not necessitate separate account maintenance. Drawing parallels with other cases, the judge emphasized that the processing of waste into an exempted product does not mandate separate accounts. Referring to specific cases like Rallis India Ltd. and CCE Visakhapatnam Vs. Sri Sarvarya Sugar Ltd., the judge found that the appellant was not required to reverse the 10% value of the waste under Rule 6 of Cenvat Credit Rules, 2004.

In conclusion, the judge found that the impugned order was liable to be set aside based on the established precedents. Consequently, the judge allowed the appeal, setting aside the impugned order and ruling in favor of the appellant.