2015 (9) TMI 295

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....d Four Hundred and Sixty Only) on M/s. Rajarambapu Patil Sahakari Sakhar Karkhana Ltd., (Unit NO. 2), Wategaon, Tal-Walwa, Dist-Sangli, being the amount equal to 10%/5% of the value of electricity sold during the period from April, 2007 to August, 2010, under provisions of Section 11A(2) of the Central Excise Act, 1944 read with Rule 14 of the Cenvat Credit Rules, 2004. ii. Interest on the above amount shall be paid by M/s. Rajarambapu Patil SSK Ltd. Unit No. 2 Wategaon, under Section 11AB of the Central Excise Act, 1944, read with Rule 14 of the Cenvat Credit rules, 2004. iii. I impose a penalty of Rs. 1,69,89,466/- (Rupees One crore Sixty Nine lakhs Eighty Nine Thousand Four Hundred and Sixty Only) on M/s.Rajarambaput Patil Sahakari....

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....confirmed the demand towards 10%/5% as the case may be of value of exempted electricity generated and supplied in term of Rules 6(3) Cenvat Credit Rules, 2004. 2. Shri J.N. Somaiya, Ld Counsel for the appellant submits that in the manufacture of Sugar and Molasses from sugar cane Bagasse is generated. The said bagasse burnt in the boiler as fuel and steam is generated. The steam is used in the turbine for generation of the electricity. The said electricity partly used in the factory for running plant and partly sold to M/s MSEB. It is his submission that for the generation of electricity no excisable input is used and only bagasse and DM water is used, which are not Cenvatable inputs. Therefore demand of 10%/5% as the case may be in term....

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....e discussions made hereinabove, it is clear that Geetanjali Woolens Mill judgment relied upon by the Commissioner in the impugned orders have no relevance as Geetanjali Woolens Mill's judgment was in respect of custom duty and was only concerned with the 'tariff item and not with respect to the 'excisable goods' as defined under Section 2(d) of Central Excise Act, 1944. The bagasse, which emerges as a residue of sugarcane, admittedly, is a waste product and this bagasse is used in boiler as a fuel for generation of steam for running the turbine and for boiling the juice for the manufacture of sugar. Turbine generates electrical energy which is used for running the plant and machinery and surplus energy is sold to the U.P. Po....