2006 (5) TMI 216

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.... None, for the Respondent. [Order]. -  The respondent in this case are engaged in the manufacture of sugar molasses, denatured rectified spirit (ethyl alcohol) and Fusel Oil. They cleared rectified spirit at NIL rate of duty and reversed an amount equivalent to 8% of the value of such rectified spirit during the period from 1-4-2001 to 28-2-2002. However, in the light of Central Board o....

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....erred to above they were required to reverse the entire credit taken on the molasses which was used in the manufacture of the ethyl alcohol which was exempted/not excisable. They were required to pay back the Cenvat credit amounting to Rs. 33,11,307/- attributable to 15340,40 MT. of molasses used in the manufacture of rectified spirit cleared during the period from 1-4-2001 to 28-2-2002 after taki....

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....of the Commissioner (Appeal) stating that the Commissioner (Appeal) has failed to notice that the amount of Rs. 8,09,479/- was not part of the earlier show cause cum demand notice issued for Rs. 33,11,307/- as is clear from Annexure-A attached to the Show cause notice. For the month of February, 2002 the proportionate credit on molasses amounted to Rs. 15,95,425/- out of which the assessee had rev....