2019 (5) TMI 1665 - AT - Central Excise

Tribunal Upholds Exemption of Bagasse, Press Mud from Duty as Non-Excisable Agricultural Waste in Sugar Production.

The Appellate Tribunal CESTAT ALLAHABAD upheld the Commissioner (Appeals)' decision, rejecting the Revenue's appeals concerning the duty liability on ... CENVAT Credit - waste - bagasse and press mud - exempt goods or not - Rule 6 of Cenvat Credit Rules - HELD THAT:- The issue decided in the case of COMMISSIONER OF CENTRAL EXCISE & SERVICE TAX, MEERUT-I VERSUS M/S. BAJAJ HINDUSTHAN SUGAR LTD. [2019 (5) TMI 1653 - CESTAT ALLAHABAD] where it was held that Press Mud and Bagasse are not arising out of manufacturing activity and the same are agricultural waste and residue - appeal dismissed - decided against Revenue. Issues:- Interpretation of Rule 6 of Cenvat Credit Rules in relation to the manufacture of sugar and molasses.- Application of precedent decisions in determining the liability to pay duty on non-excisable goods such as bagasse and press mud.- Effect of the explanations entered in Rule 6(3) w.e.f. 01st March, 2015 on the obligation to pay duty on non-excisable goods.Analysis:The judgment by the Appellate Tribunal CESTAT ALLAHABAD involved appeals filed by the Revenue concerning the manufacture of sugar and molasses where bagasse and press mud emerged, which are non-excisable and exempted commodities. The Original Adjudicating Authority confirmed the demand raised by the Revenue under Rule 6 of Cenvat Credit Rules. However, the Commissioner (Appeals) set aside the confirmation and allowed the appeals, leading to the present appeals by the Revenue.In the case at hand, the Tribunal considered the Revenue's argument that a precedent decision followed by the Commissioner (Appeals) would not apply post-amendment in the provisions of sub-rule (1) of Rule 6 of Cenvat Credit Rules from 01 March, 2015. The Tribunal referred to previous cases to analyze the issue. In one instance, it was noted that bagasse and press mud were considered agricultural waste or residue, not arising from manufacturing activity. Therefore, the obligation to pay duty on these non-excisable goods was not applicable. The Tribunal upheld the impugned order based on the precedent decision and rejected the appeal filed by the Revenue.Similarly, in another case, the Tribunal observed that the explanations entered in Rule 6(3) from 01 March, 2015 did not create an obligation for the assessee to pay duty on non-excisable goods like bagasse and press mud. Citing a Supreme Court decision, it was established that bagasse and press mud were classified as waste and not manufactured products. The Tribunal found no justifiable reasons to interfere in the impugned order passed by the Commissioner (Appeals) and rejected all the appeals filed by the Revenue.In conclusion, the Tribunal analyzed the application of Rule 6 of Cenvat Credit Rules in the context of manufacturing sugar and molasses, emphasizing the exemption of non-excisable goods like bagasse and press mud. The judgments highlighted the significance of precedent decisions and the lack of impact of the explanations entered in Rule 6(3) post-amendment on the liability to pay duty on such non-excisable goods.