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Central Excise - Highlights / Catch Notes

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Validity of Show Cause Notice (SCN) - CENVAT Credit - bagasse - ...


High Court Declares Bagasse Non-Manufactured, Rule 6 of Cenvat Credit Rules Inapplicable, Quashes 2016 Circular and Demand Notice.

June 12, 2023

Case Laws     Central Excise     HC

Validity of Show Cause Notice (SCN) - CENVAT Credit - bagasse - Thus, bagasse is not a manufactured product and Rule 6 of the Cenvat Credit Rules, even after 2015 amendment is not applicable to bagasse nor to electricity generated from bagasse coupled with the fact that the Circular dated 25.04.2016 issued by the respondents pursuant to the 2015 amendment to Rule 6 having not only been quashed, but the same having been rescinded by the respondents by issuance of the Circular dated 07.07.2022 and consequently, the respondents did not have jurisdiction or authority of law to issue the impugned show cause notice and Statement of Demand, which deserve to be quashed. - HC

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