2014 (8) TMI 326 - AT - Central Excise

CENVAT Credit - Non maintenance of separate accounts - clearance of Bagasse - Held that - not withstanding the amendment to Section 2(d) by adding explanation to this Section, the Bagasse arising in the course of manufacture of sugar cannot be treated as excisable goods, it continues to remain waste and it does not become a manufactured final product for the purpose of Rule 6 of Cenvat Credit Rules, 2004 - in respect of clearances of Bagasse no amount would be payable under rule 6(3) of the Cenvat Credit Rules, 2004, that in this regard, Hon ble High Court quashed the Board s Circular No.105/24/09-Ex dated 28.10.2009; and that in view of this, the impugned order is not sustainable - Following decision of of Balrampur Chini Mills Ltd. reported in 2013 (1) TMI 525 - ALLAHABAD HIGH COURT - Decided in favour of assessee.

Summary

Issues:
Interpretation of Rule 6(3) of Cenvat Credit Rules, 2004 in relation to clearance of Bagasse without payment of duty.

Analysis:
The appellants, a sugar mill, were clearing Bagasse without paying duty, leading to a dispute with the Department. The Department argued that as Bagasse is fully exempt from duty and cenvat credit was used for both dutiable and exempted products, 5% of the sale value of Bagasse should be payable under Rule 6(3) of Cenvat Credit Rules, 2004. The Assistant Commissioner confirmed a demand of Rs. 2,70,840 along with interest and imposed a penalty. The Commissioner (Appeals) upheld this decision, prompting the appellant to file an appeal.

Upon hearing the matter, the Bench decided to proceed to final disposal due to a short issue involving a judgment of the Allahabad High Court. The appellant cited the Balrampur Chini Mills Ltd. case where the High Court ruled that Bagasse, despite being a byproduct of sugar manufacture, is not an excisable good and does not attract payment under Rule 6(3) of Cenvat Credit Rules, 2004. The appellant argued that this judgment rendered the impugned order unsustainable.

The Department's representative defended the impugned order by reiterating the findings of the Commissioner (Appeals). After considering both sides' arguments and the Allahabad High Court judgment in the Balrampur Chini Mills Ltd. case, the Tribunal found in favor of the appellant. The impugned order was set aside, the appeal was allowed, and the stay application was disposed of.

This judgment clarifies the applicability of Rule 6(3) of Cenvat Credit Rules, 2004 concerning the clearance of Bagasse by a sugar mill without payment of duty. The decision highlights the interpretation of Bagasse as a waste product rather than an excisable good, as established by the Allahabad High Court in a similar case. The ruling emphasizes the importance of legal precedents in resolving disputes related to excise duty obligations for manufacturers dealing with exempted products like Bagasse.