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    <title>2017 (11) TMI 1460 - CESTAT MUMBAI</title>
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    <description>Rule 6(3) of the Cenvat Credit Rules, 2004 does not apply to waste, refuse or by-products generated in the manufacturing process, including pressmud, bagasse and compost. The Tribunal noted that earlier Tribunal and High Court rulings had already taken the same view, and that the provision is directed at final products rather than incidental waste or by-products. It further observed that the explanation in Rule 6(1) concerning non-excisable goods did not change this position, and that the CBEC circular supported availability of credit where inputs are contained in such waste or by-products. Accordingly, credit reversal was not required on their clearance.</description>
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      <link>https://www.taxtmi.com/caselaws?id=351581</link>
      <description>Rule 6(3) of the Cenvat Credit Rules, 2004 does not apply to waste, refuse or by-products generated in the manufacturing process, including pressmud, bagasse and compost. The Tribunal noted that earlier Tribunal and High Court rulings had already taken the same view, and that the provision is directed at final products rather than incidental waste or by-products. It further observed that the explanation in Rule 6(1) concerning non-excisable goods did not change this position, and that the CBEC circular supported availability of credit where inputs are contained in such waste or by-products. Accordingly, credit reversal was not required on their clearance.</description>
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