Case Law Details
M/s. Balrampur Chini Mills Ltd Vs Union of India (Allahabad High Court)
Allahabad High Court has held that Cenvat credit need not be reversed in respect of bagasse which is an agricultural waste and not a manufactured final produ The High Court quashed CBIC Circular No.1027/15/2016-CX, dated 25-4-2016 which treated bagasse as exempted product. It also observed that amendment in 2015 in the Cenvat Credit Rules may have the effect of treating bagasse as exempted good but cannot result in it being manufactured goods. Judgement in UoI v. DSCL Sugar Ltd. was relied on.
FULL TEXT OF THE HIGH COURT ORDER / JUDGEMENT
1. Heard Sri Rahul Agarwal, learned counsel for the petitioner as well as Sri Dipak Seth, learned counsel appearing for the respondents.
2. The petitioner has approached this Court challenging the show cause notice dated 24/03/2017 issued by The Asst Commissioner, Central Excise and Service Divisions, Faizabad as well as circular 1027/15/2016-CX dated 25/04/2016 issued by the Central Board of Excise and Customs thereby seeking to reverse the CENVAT credit relating to Bagasse in light of the notification dated 1.3.15 treating Bagasse as an non excisable good for the purposes of reversal of credit of input and input services, in terms of Rule 6 of the CENVAT Credit Rules, 2004.
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is govt filed review against this order