2011 (9) TMI 858

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..... mount of Cenvat Credit in case of destruction of inputs in fire or where the inputs are written off. Admittedly the said provisions were introduced w.e.f. 11-5-2007 and 7-9-2007, whereas the fire broke in the appellant’s factory on 7-5-2007. As such, the said relied upon provisions were not available on the date of fire and destruction of the inputs. In such a scenario, the law declared by the Lar .....

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..... puts, which were lying either as such or as work in progress. The appellant, before the Adjudicating Authority, has relied upon the Tribunal s Larger Bench decision in the case of Grasim Industries v. CCE, Indore reported in 2007 (208) E.L.T. 336 (Tri. - LB). While dealing with the applicability of the law declared in the said Larger Bench, the Adjudicating Authority has observed as under :- 21 .....

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..... e, these judgments of the Hon ble Tribunal do not come to their rescue . 3. As is seen from above, the Adjudicating Authority has referred to the amended provision of Rule 3(5B) and Rule 3(5C) of Cenvat Credit Rules, 2004, which require an assessee to pay back the amount of Cenvat Credit in case of destruction of inputs in fire or where the inputs are written off. Admittedly the said provisions .....

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