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TMI Blog2011 (10) TMI 534X X X X Extracts X X X X X X X X Extracts X X X X ..... e Cenvat credit taken on the inputs contained in the finished products only and there is no specific provision to say that the amount should not have been claimed from the insurance company. In the absence of any specific provisions in the rules, the ld. Commissioner has erred in observing that the company can be deemed to have utilized the amount from insurance company for payment of duty of othe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... uestion of intention or the deemed situation to deprive the benefit - Decided in favour of assessee. - E/996/2010 - Final Order No. A/1711/2011-WZB/AHD - Dated:- 14-10-2011 - Shri B.S.V. Murthy, J. Shri Vinay Kansara, Advocate, for the Appellant. Shri R.S. Srova, JDR, for the Respondent. ORDER The appellant filed this application for refund of Central Excise Duty of Rs. 1,89,582/ ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he ld. Counsel submits that there is no provision in the Rules for the conclusion reached by the ld. Commissioner in the impugned order. He submits that according to Rule 3(5C) of Cenvat Credit Rules, the credit is required to be reversed if refund is granted. Nowhere in the Rules there is an indication or a requirement that the appellant should not get the Cenvat credit compensated from the insur ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... deemed to have utilized the amount from insurance company for payment of duty of other final products. It is to be noted that even if the goods are destroyed, the appellants would have lost the entire value of the goods which would include raw materials, used labour and overheads for manufacture etc. Further the Cenvat credit is available to the appellants, once the raw materials are used. In suc ..... X X X X Extracts X X X X X X X X Extracts X X X X
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