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TMI Blog2010 (6) TMI 473X X X X Extracts X X X X X X X X Extracts X X X X ..... d therefore not attracting any central excise duty. He accordingly rejected the remission application. - Show cause notice was issued to the respondents on 29-4-99 seeking to recover the modvat credit of duty involved in the inputs used in the manufacture of the semi finished goods - Revenue’s appeal lacks merit and is rejected accordingly - The issue of reversal of credit would arise only when the final product destroyed in the fire has been allowed remission of duty. - E/1292/2009 - A/814-815/2010-WZB/AHD - Dated:- 25-6-2010 - Ms. Archana Wadhwa, J. REPRESENTED BY : Shri S.K. Mall, SDR, for the Appellant. Shri Vinay Kansara, Advocate, for the Respondent. [Order]. - Being aggrieved with the order passed by Commissioner ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... oner (Appeals) set aside the impugned order by observing that the issue is no more res integra and stands settled by the Tribunal in the case of Biopac India Corporation Ltd. v. CCE, Vapi. reported in 2008 (224) E.L.T. 548 wherein by following the Larger Bench decision of the Tribunal in the case of Grasim Industries v. CCE, Indore reported in 2007 (208) E.L.T. 336 (Tri. - LB), it was held that credit availed on the inputs destroyed in fire is not required to be reversed. He accordingly allowed the appeal. The said order of Commissioner (Appeals) is impugned before Tribunal. 4. The Revenue in their grounds of appeal have contended that the decision of the Tribunal in the case of M/s. Biopac stands appealed against; that the remission of d ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... bai Bench in the case of Mafatlal was considered by the Larger Bench in the case of Grasim Industries and stand overruled. As such the Revenue s ground is against the basic legal principle that the law declared by the Larger Bench is required to be followed and the overruled judgments lose their validity. The above approach of the committee of commissioners to file the appeal against a decision of the Commissioner (Appeals), which stands rendered by him by following the declaration of law by the Larger Bench cannot be appreciated. The same amounts to share wastage of time and energy on the part of everybody concerned. 8. As discussed above Revenue s appeal lacks merit and is rejected accordingly. 9. The cross objections filed by the res ..... X X X X Extracts X X X X X X X X Extracts X X X X
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