https://www.taxtmi.com/caselaws?id=339733 Waste or by-product arising incidentally in the manufacture of a dutiable final product does not require reversal of Modvat/Cenvat credit merely because it is cleared at nil duty. The applicable provisions must be read together, and Rule 57CC cannot be applied in isolation where inputs are used in producing the dutiable final product and the waste emerges as an incidental by-product. The governing approach is the commercial reality of the manufacturing process, under which by-product cannot be treated as the final product for credit reversal purposes. On that basis, credit reversal was not warranted and the assessee's claim was supported. en-us Fri, 13 Jan 2017 00:00:00 +0530 Mon, 24 Apr 2017 12:03:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=339733 Waste or by-product arising incidentally in the manufacture of a dutiable final product does not require reversal of Modvat/Cenvat credit merely because it is cleared at nil duty. The applicable provisions must be read together, and Rule 57CC cannot be applied in isolation where inputs are used in producing the dutiable final product and the waste emerges as an incidental by-product. The governing approach is the commercial reality of the manufacturing process, under which by-product cannot be treated as the final product for credit reversal purposes. On that basis, credit reversal was not warranted and the assessee's claim was supported. Case-Laws Central Excise Fri, 13 Jan 2017 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=339733