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TMI Blog2015 (1) TMI 171X X X X Extracts X X X X X X X X Extracts X X X X ..... obody invites fire. Inputs which have already been issued from the inputs store section, to be used in the manufacture of final product, have to be treated as the inputs used in the manufacture and no Cenvat credit reversal is required to be asked for. As regards the inputs lying in store, the Tribunal in the case of Panacea Biotech Ltd. [2012 (9) TMI 870 - CESTAT NEW DELHI] has taken into conside ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... lants are manufacturers of excisable goods and they availed facility of Cenvat credit of duty on inputs under the Cenvat Credit Scheme. 2. On 20-3-2009, there was a fire in the factory premises of the appellants and in the process, certain quantity of finished goods, stock in process and raw material got destroyed. The appellants intimated the details of raw material and stock in process which ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e order of the Adjudicating Authority. Aggrieved by the order of Commissioner (Appeals), the appellants have filed this appeal before the Tribunal. 4. The contention of the appellant is that the issue whether Cenvat credit on inputs issued for manufacture needs to be reversed was examined by the Tribunal in the case of Sabero Organics Gujarat Ltd. v. CCE, Vapi reported in 2009 (236) E.L.T. 281 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ved in respect of inputs issued for the manufacture and as contained in goods in process , he submits that appellant did not take enough precaution to avoid the fire in which case they have to be held responsible for the fire accident and the credit should be directed to be reversed. 6. After appreciating the submissions made by both sides, I find that there is no dispute about the fire accide ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... hat the Cenvat credit of duty of ₹ 70,578/- involved is in-process goods is not to be reversed, whereas the Cenvat credit of ₹ 1,14,003/- as availed in respect of goods lying in stock is required to be reversed. Accordingly a part of the demand is set aside whereas the other part is confirmed. As regards penalty, I agree with the learned advocate that this is not a case of mala fi ..... X X X X Extracts X X X X X X X X Extracts X X X X
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