2016 (9) TMI 84

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....ured ethyl alcohol is subjected to excise duty, whereas potable ethyl alcohol is not.  For manufacture of both, the common input is molasses.  The appellant generates molasses in their own factory in course of manufacture of sugar; they do not pay any duty on this molasses.  They also purchase molasses from outside on payment of duty.  These two types of molasses are stored in one tank and are used in the manufacture of alcohol, one part of which is ultimately cleared as rectified spirit and the other part, after denaturing, is cleared as denatured alcohol.  The appellant takes modvat credit on whatever duty is paid on purchased molasses and pays CE duty on denatured alcohol and debits 8% of the value of the rectifi....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....nd for the period December, 1999 to March, 2000 was raised by show-cause notice dated  03.01.2001 and is hit by limitation inasmuch as that during the period in question the appellant had filed regular returns to the authorities, filed classification list and also the records were audited by the authorities.  He would draw our attention to the copy of the classification list, RT-12 returns and pages of RG-23  wherein audit authorities have endorsed the auditing of records. 5.  Learned D.R. would submit that the appellant is liable to discharge the Central Excise duty on the molasses manufactured locally (indigenously) as the said molasses are consumed in the manufacturing of rectified sprit which is exempted/non-excis....