2013 (1) TMI 472 - AT - Central Excise

CESTAT New Delhi: Ruling on Cenvat Credit Rule 6(3)(b) for Sugar Manufacturers

M/s Piccadily Agro Industries Ltd. /Naraingarh Sugar Mills Ltd. Versus Commissioner of Central Excise. Panchkula

M/s Piccadily Agro Industries Ltd. /Naraingarh Sugar Mills Ltd. Versus Commissioner of Central Excise. Panchkula - TMI Issues:Interpretation of Rule 6(3)(b) of the Cenvat Credit Rules, 2004 regarding payment on bagasse and press mud in the manufacture of sugar.Analysis:The judgment by the Appellate Tribunal CESTAT New Delhi involved a crucial issue regarding the payment of an amount equal to 5% or 10% of the sale value of bagasse and press mud in the context of manufacturing sugar from cane sugar. The dispute revolved around whether this payment was required under Rule 6(3)(b) of the Cenvat Credit Rules, 2004. The department argued that since the appellant did not maintain separate accounts for inputs used in dutiable final products and exempted final products, the payment was necessary. The department considered bagasse and press mud as exempted goods under Rule 2(d) of the Cenvat Credit Rules, 2004.Both parties agreed that the issue had been settled in favor of the appellants by previous judgments. The judgment of the Hon'ble Allahabad High Court in the case of Balrampur Chini Mills Ltd. vs. Union of India, along with the Tribunal's final orders in cases such as Indian Potash Ltd. vs. CCE, Allahabad, and Kisan Sahkari Chinni Mills Ltd. vs. CCE, Lucknow, supported the appellants' position. These precedents established that the payment under Rule 6(3)(b) was not applicable in such cases.Consequently, the Appellate Tribunal CESTAT New Delhi ruled that the impugned orders were not sustainable and set them aside, thereby allowing the appeals in favor of the appellants. The judgment provided clarity on the interpretation of Rule 6(3)(b) in the context of bagasse and press mud in the manufacture of sugar, aligning with the precedents set by previous judicial decisions.