9911796707
TMI Blog2024 (1) TMI 671X X X X Extracts X X X X X X X X Extracts X X X X ..... the iron ore fines at all and they emerge as a by-product in the manufacture of its main product, namely, sponge iron and, accordingly, Rule 6 of the Cenvat Credit Rules would not apply - this issue is no longer res integra and in the respondent s own case in M/S GHANKUN STEELS PRIVATE LIMITED. VERSUS COMMISSIONER OF CUSTOMS CENTRAL EXCISE, RAIPUR. [ 2019 (5) TMI 1998 - CESTAT NEW DELHI] it has been held by this Tribunal that the Respondent need not deposit the amount equal to 6% under Rule 6(3) of the CCR. The amendment made by way of explanation to Rule 6 makes no difference because the question is not if the goods are non-excisable or excisable but exempted but whether the iron ore fines are manufactured or not and this Tribunal ha ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... a show cause notice dated 26.04.2016 was issued to the Respondent proposing to recover the amount under Rule 14 of CCR along with interest. It was also proposed to impose a penalty under Rule 15 of CCR upon the appellant. These proposals along with those in another show cause notice dated 03.12.2018 were confirmed by the Additional Commissioner in his order dated 26.03.2019. Aggrieved, the respondent appealed to the Commissioner (Appeals) who, by the impugned order, set aside the demand along with interest and penalty. Revenue is aggrieved by this order of Commissioner (Appeals) and filed this appeal. 3. We have heard learned authorised representative for the Revenue and learned counsel for the respondent and perused the records. The sh ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... , relying upon the earlier decision dated 19.12.2018 in the case of Bhagwati Power Steel Ltd. vs CCE ST, Raipur [2018 SCC OnLine CESTAT 9900] set aside the demand on the ground that the iron ore fines is not manufactured at all but is a residue and, therefore, the provisions of Rule 6 of the CCR are not attracted. She also relies on the decision of Hyderabad bench of this Tribunal in the case of BIOP Steels and Power Pvt. Ltd. [Final order no. A/30193-30195/2023 dated 26.07.2023 of CESTAT, Hyderabad] in which also it has been held that no amount as a percentage of the value of iron ore fines needs to be deposited under Rule 6 (3) of Cenvat Credit Rules. She, therefore, prays that there is no force in appeal of the Revenue and it may be ..... X X X X Extracts X X X X X X X X Extracts X X X X
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