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of <h1>Tribunal Overturns Order on Sugar Manufacturer's Separate Accounts, Cites Bagasse By-Product Challenge</h1> <h3>INDIAN POTASH LTD. Versus COMMISSIONER OF CENTRAL EXCISE, ALLAHABAD</h3> INDIAN POTASH LTD. Versus COMMISSIONER OF CENTRAL EXCISE, ALLAHABAD - 2012 (281) E.L.T. 622 (Tri. - Del.) Issues:1. Interpretation of Rule 6(3) of Cenvat Credit Rules, 2004 regarding maintaining separate accounts for dutiable and exempted final products.2. Applicability of Board's Circular No. 904/24/2009-CX on the treatment of bagasse as an exempted excisable good.3. Validity of the demand for payment based on the sale value of bagasse.4. Consideration of Cenvat credit availed inputs in the manufacturing process.Analysis:Issue 1:The appellant, a sugar manufacturer, faced a demand for payment due to not maintaining separate accounts for inputs used in the production of dutiable final products like sugar and molasses, and the exempted final product, bagasse, as required by Rule 6(3) of the Cenvat Credit Rules, 2004. The Jurisdictional Assistant Commissioner confirmed the demand, which was upheld by the Commissioner (Appeals). The appellant challenged this order, arguing that a previous Tribunal judgment favored their case. The Tribunal noted that maintaining separate accounts for such products was impractical given that bagasse emerges as a by-product of sugarcane crushing, making it impossible to segregate inputs. The amendment in the Finance Act and the Board Circular did not alter this fact. As the impugned order did not specify the common inputs used, the Tribunal found merit in the appellant's contention and set aside the order.Issue 2:The Department cited Board's Circular No. 904/24/2009-CX, which treated bagasse as an exempted excisable good subject to a charge of 5% of the sale value if Cenvat credit on common inputs was taken. However, the Tribunal found that the emergence of bagasse during sugarcane crushing did not involve the use of additional inputs like chemicals, making the application of the Circular irrelevant in this case.Issue 3:The demand for payment based on the sale value of bagasse was found to be unfounded as the Tribunal determined that maintaining separate accounts for inputs was not feasible due to the nature of bagasse production. The lack of specificity in the impugned order regarding the common inputs further weakened the basis for the demand.Issue 4:The consideration of Cenvat credit availed inputs in the manufacturing process was crucial in this case. The Tribunal highlighted that the production of bagasse during sugarcane crushing did not involve the use of additional inputs, making the segregation of credits for dutiable and exempted products practically impossible.In conclusion, the Tribunal allowed the appeal and stay applications, setting aside the impugned order and emphasizing the impracticality of maintaining separate accounts for inputs in the production process involving bagasse as a by-product of sugarcane crushing.
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