2019 (2) TMI 379 - AT - Central Excise

Clearance of by-product Bagasse - exempt goods - credit not reversed - Rule 6(3)(i) of the CENVAT Credit Rules, 2004 - Held that - The issue of applicability of Rule 6(1) of CENVAT Credit Rules, 2004 to bagasse which emerges during the course of manufacture of sugar and molasses, has been settled taking note of the judgment of Hon ble Supreme Court in the case of Union of India Vs. DSCL Sugar Ltd. 2015 (10) TMI 566 - SUPREME COURT , where it was held that Since it is not a manufacture, obviously Rule 6 of the Cenvat Rules, 2004, shall have no application - demand set aside - appeal allowed - decided in favor of appellant.

Summary

Issues:
Applicability of Rule 6(1) of CENVAT Credit Rules, 2004 to bagasse emerged as a by-product during the manufacturing process of sugar and molasses.

Analysis:
The judgment involves two appeals filed by the assessee appellant and the Revenue challenging the same Order-in-Appeal passed by the Commissioner of Central Excise & Service Tax. The case revolves around the clearance of bagasse as an exempted by-product without reversing the required amount under Rule 6(3)(i) of the CENVAT Credit Rules, 2004. A show-cause notice was issued to recover the amount, leading to the present appeals. The appellant argued that the applicability of Rule 6 to bagasse has been settled in their favor based on previous cases. The Revenue, however, supported the findings of the Commissioner (Appeals).

The main issue addressed in the judgment is the applicability of Rule 6(1) of CENVAT Credit Rules, 2004 to bagasse emerging as a by-product during the manufacturing process of sugar and molasses. The Tribunal referred to the judgment of the Hon'ble Supreme Court in Union of India Vs. DSCL Sugar Ltd. and other relevant cases to establish that bagasse, being an agricultural waste and residue, does not fall within the definition of excisable goods or manufacture. Therefore, it cannot attract excise duty, and Rule 6 of the CENVAT Credit Rules, 2004 does not apply. The Tribunal concluded that even after the amendment to Rule 6, bagasse as a waste/by-product remains outside the scope of the Rule, thus setting aside the impugned order and allowing the appeal of the assessee.

In line with the established precedents and legal principles, the Tribunal set aside the impugned order, allowing the assessee's appeal with any consequential relief as per law. Consequently, the Revenue's appeal was deemed devoid of merit and dismissed. The judgment provides a clear and detailed analysis of the applicability of Rule 6 to bagasse emerged as a by-product during the manufacturing process of sugar and molasses, highlighting the legal interpretation and conclusions drawn from relevant case laws and statutory provisions.