Case Law Details
CA Nischal Agarwal
The issue is no longer res integra as held in case of M/s METTUR THERMAL POWER STATION vs CCE [W.P. No 17282 of 2014] pronounced by Hon’ble Madas High Court wherein a collosal demand was raised on the premise that Fly Ash & Fly Ash Bricks has been removed without payment of appropriate excise duty leviable thereon.
Facts of the Case
The petitioner was engaged in the generation of electricity by burning coal resulting in production of Fly Ash as by-product which has commercial value in the market and thus it can be said that Fly Ash is marketable. The petitioner sold part of such fly ash generated to cement companies without paying any duty thereon levied vide Notification No 01/2011 dated 01-03-2011.
Arguments
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Sir, is excise Duty exempted on Fly ash bricks too according to the Hon’ble court?
Dear Vinod,
Hon’ble Allahabad high court in case of Balrampur Chini Mills held that bagasse is not a manufactured product and thus liability to pay excise duty thereon does not arise.
Sir,
What about the dutiability of Bagasse in Sugar Factory?