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TMI Blog2016 (2) TMI 1080X X X X Extracts X X X X X X X X Extracts X X X X ..... leared without payment of duty, the assessee is required to reverse a particular percentage of the credit so availed by them in terms of the provisions of Rule 6(3) of CCR - Held that: - the issue is no longer res integra. The Honble Allahabad High Court in the case of Gularia Chini Mills Vs UOI & Others [2013 (7) TMI 159 - ALLAHABAD HIGH COURT] has struck down the Boards Circular and has held tha ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed sugar as well as denatured spirit. They were availing the benefit of CENVAT credit of duty paid on various inputs, capital goods as also input services in terms of the provisions of CENVAT Credit Rules 2004. 3. During the course of manufacture of sugar, bagasse comes into existence. The said bagasse is further used by the assessee in the production of electricity. The Revenue took a view tha ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... l. 4. At this stage, we find that the issue is no longer res integra. The Honble Allahabad High Court in the case of Gularia Chini Mills Vs UOI Others reported as [2013-TIOL-568-HC-All-CX] has struck down the Boards Circular and has held that there is no cause for payment of any amount of CENVAT credit in terms of Rule 6(3) of CENVAT Credit Rules 2004. The said decision stands followed by the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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