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TMI Blog2012 (8) TMI 836X X X X Extracts X X X X X X X X Extracts X X X X ..... was disposed of by sale for a consideration and, therefore, (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 excisabili ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ri P.G. Chacko, J. Shri H.S. Anantha Padmanabhan, Advocate, for the Appellant. Shri N. Jagadish, AR, for the Respondent. 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... (AR) that there is nothing on record to indicate that the reversal of credit was under protest. Be that as it may, reversal of CENVAT credit of Rs. 3,35,806/- by the appellant is not in dispute 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... deration and such goods shall be deemed to be marketable. The bagasse generated in the course of manufacture of sugar by the first unit was disposed of by sale for a consideration and, therefore, (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 th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... case of Shakumbari Sugar Allied Industries Ltd. (supra). The Tribunal s view was upheld by the Apex Court. In the result, the appellant has a clear case against denial of CENVAT Credit, on the strength of the said decision of this Tribunal. As regards the credit of Rs. 3,35,806/-, the appellant reversed it even prior to issuance of the show cause notice. Therefore, in both the appeals, the appe ..... X X X X Extracts X X X X X X X X Extracts X X X X
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