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TMI Blog2014 (8) TMI 326X X X X Extracts X X X X X X X X Extracts X X X X ..... isable 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 im ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... iled inputs/input services have been used in or in relation to manufacture of dutiable final products (sugar and molasses) and exempted final product (Bagasse), in respect of clearance of Bagasse an amount equal to 5% of the sale value would be payable in accordance with the provisions of Rule 6(3) of Cenvat Credit Rules, 2004, as separate account and inventory of the inputs/input services meant f ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ls) vide Order-in-Appeal dated 14.5.2013 dismissed the appeal, this appeal has been filed, along with stay application. The Miscellaneous Application has been filed for early hearing of the stay application. 2. Heard both the sides. Though this matter was listed for hearing stay application, after hearing the same some time, the Bench was of the view that since only a short issue decided by jud ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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, that the Hon'ble Allahabad High Court in this case, accordingly held that in respect of clearances of Bagasse no amount would be payable under rule 6(3) of the Cenvat Credit Rules, 2004, ..... X X X X Extracts X X X X X X X X Extracts X X X X
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