2018 (2) TMI 1607

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....Member(Technical) Shri Dushyant Kumar (Consultant) - for the Appellant (s) Shri Mohd. altaf (Asstt. Commr.) (A.R.) - for the Revenue ORDER Per: Shri Ashok Jindal The appellant has filed miscellaneous applications for early hearing of the appeals on the ground that the issue has already been decided and issue is recurring in nature. Therefore, we allow the early hearing of the appeal....

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....rectified spirit does not exists in Central Excise Tariff and on fermentation of molasses rectified spirit comes into existence which does not find place in Central Excise Tariff. Therefore, though from said rectified spirit denatured spirit is manufactured on which duty of excise is paid the CENVAT credit gets snapped by coming into existence of product not finding place in Central Excise Tariff.....

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....books submitted during the hearing. We find that the appellant have a composite unit where sugar and molasses are manufactured. Further the molasses on fermentation in the distillery ethyl alcohol is obtain. Ethyl alcohol is denatured by mixing certain chemicals which make ethyl alcohol unfit for human consumption. Before 01.03.2005 chapter sub heading 2204.10 covered denatured ethyl alcohol of an....

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....Before 01.03.2005, department accepted that rectified spirit is covered under chapter sub heading no.2204.90. As stated above, 2204.90 covers ethyl alcohol except one for human consumption and which are undenatured. Therefore, the issue to be decided is whether ethyl alcohol and rectified spirit are two different commodities or one and the same commodity. We find that the Hon'ble Supreme Court in ....