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TMI Blog2012 (5) TMI 519X X X X Extracts X X X X X X X X Extracts X X X X ..... during the course of manufacture of sugar - Held that:- bagasse emerges in course of crushing of the sugarcane. It may be noted that crushing of sugarcane is necessary to extract cane sugar juice which in turn is processed for production of sugar and molasses. Bagasse is the waste product left after the crushing of sugarcane. Therefore, by no stretch of imagination it can be said that the assesse ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... lly applicable to the press mud inasmuch as bagasse as also press mud came into existence as a waste product during the course of manufacture of sugar - Decided in favour of assessee. X X X X Extracts X X X X X X X X Extracts X X X X ..... ies are not disputing the fact that press mud has been held as non-excisable vide precedent decision of the Tribunal. However, the Revenue's stand is that after the amendment to the provisions of Section 2(d) with effect from 2008 onwards laying down that the goods include any article which is capable of being bought and sold for a consideration and such goods shall be deemed to be a marketable, t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ly could have maintained separate accounts for the inputs for production of sugar and molasses (excisable item) and bagasse. Thus, in our considered view, the amendment in Finance Act, cited by Shri Nagesh Pathak, AR and the Board's Circular would not make any difference in the facts and circumstances of the case. Moreover, neither the SCN nor the impugned order in appeal mentions as to which comm ..... X X X X Extracts X X X X X X X X Extracts X X X X
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