2010 (11) TMI 919

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..... f the Commissioner (Appeals) No. 122/BPL/2008, dated 7-8-2008. 2. Heard both sides. 3. The relevant facts of the case, in brief, are that the appellant is a manufacturer of woollen yarn, woollen fabrics, man made fabrics, etc. There was a fire accident in the factory premises of the appellant on 24-1-2003 and certain capital goods/inputs/materials in the form of work in progress were destroy .....

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..... at in view of special Insurance policy which was taken on reinstatement basis, the appellant received duty paid capital goods and has taken credit of duty paid by the manufacturer of the said capital goods. Denial of credit is not justified and the question of imposition of penalty does not arise. He also submits that there is no suppression of any relevant facts and therefore show cause notice .....

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..... policy, is not relevant to eligibility of credit on capital goods received by the appellants. Since the duty paid nature of the goods and the receipt of the same by the appellants for their use are not disputed, the denial of credit is not justified. 7. In view of the above, the order of the Commissioner (Appeals) is set aside and the appeal is allowed with consequential relief as per law. .....

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