Excisability of waste and by products confirmed non excisable; circular withdrawn and CENVAT reversal held inapplicable for factory clearances. The Board rescinds Circular No. 1027/15/2016 CX (25.04.2016) that required reversal of input and input service credit for factory cleared residues, noting the Apex Court's view that bagasse and similar residues are non-excisable and hence the CENVAT Credit Rules do not apply; pending cases should be adjudicated in light of that law and implementation difficulties may be reported to the Board.
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Provisions expressly mentioned in the judgment/order text.
Excisability of waste and by products confirmed non excisable; circular withdrawn and CENVAT reversal held inapplicable for factory clearances.
The Board rescinds Circular No. 1027/15/2016 CX (25.04.2016) that required reversal of input and input service credit for factory cleared residues, noting the Apex Court's view that bagasse and similar residues are non-excisable and hence the CENVAT Credit Rules do not apply; pending cases should be adjudicated in light of that law and implementation difficulties may be reported to the Board.
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