2012 (8) TMI 836

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..... ondent. ORDER These applications filed by the appellant seek waiver of pre-deposit and stay of recovery in respect of the respective adjudged dues. Appeal No. Period of dispute CENVAT Credit denied Penalties E/723/2012 May 2008 to October 2009 Rs. 1,15,698/- Rs. 1,15,698/- + Rs. 2000/- E/727/2012 January 2009 to November 2009 Rs. 3,35,806/- Rs. 8000/- After .....

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..... in the second appeal. In the first appeal, where there is no reversal of CENVAT credit, the learned counsel has claimed prima facie case on the strength of the Tribunal's decision in Commissioner of Central Excise, Meerut v. Shakumbari Sugar & Allied Industries [2004 (176) E.L.T. 819 (Tri.-Del.)] upheld by the Hon'ble Supreme Court by dismissing Civil Appeal No. 4043/2004 vide Commissioner v. Shak .....

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..... (it is argued) the commodity should be deemed to be marketable and hence excisable. Yet another submission made by the learned Superintendent (AR) is that bagasse figures by name in the 1st Schedule to the Central Excise Tariff Act and hence should be held to be excisable. Marketability is not the only criterion for determining excisability. In the first instance, the commodity should be a 'manuf .....

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