9911796707
TMI Blog2014 (3) TMI 919X X X X Extracts X X X X X X X X Extracts X X X X ..... Misra, Addl. Commr.(A.R.) JUDGEMENT Per Dr. D.M. Misra; 1. This is an Application for waiver of pre-deposit of CENVAT Credit of Rs.1.86 Crores and equal amount of penalty imposed under Rule 15(2) of CENVAT Credit Rules, 2004. 2. Shri Abhisek Anand, Ld. Advocate for the Applicant submits that on 28.09.2008, due to power failure, pots of line - II & III of smelter failed and the bath and molten ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ished goods in the factory. Further, the Ld. Advocate on a query from the Bench submitted that the WIP material which has become waste and scrap were later cleared on payment of duty. Also, a portion of the WIP material had been used again in the factory in the manufacture of finished goods. Thus, there is no room to say that the inputs were not used in or in relation to the manufacture of finishe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... CENVAT Credit from the insurance company and the entire allegation of the department is that the inputs that had gone into manufacture of final product were damaged during the course of work in progress. He has contended that nowhere the allegation is that even though the inputs were available as on that date were damaged. The Ld. Advocate further submitted that if the inputs were available as su ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed in the WIP material lost/damaged, prima facie, we find that this Tribunal in the case of Arvind International Ltd.'s case (supra) had taken a view that in respect of the inputs, contained in the work in process material, destroyed in fire, is eligible to CENVAT Credit. In view of the said decision, we are of the opinion that the Applicant could able to make out a prima facie case for total waiv ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
