9911796707
TMI Blog2006 (8) TMI 66X X X X Extracts X X X X X X X X Extracts X X X X ..... Dated:- 31-8-2006 - [Judgment]. - Revenue is before us in this appeal. A fire accident has occurred in the factory premises of M/s. Tulsyan NEC Ltd., Doddaballapur. Several inputs were destroyed. It was stated that the respondent irregularly availed CENVAT credit on certain inputs, which were not received back from job work, the actual CENVAT credit attributable were not correctly arrived at an ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e the penalty and advised the assessee to approach the Tribunal with regard to the rejection of the application requesting for remission of duty. Thereafter, the assessee approached the Tribunal. The Tribunal accepted the case of the assessee. It is in these circumstances, the Revenue is before us. 2.The following questions of law are raised by the Revenue : (1) Whether Rule 57-I of the Centra ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... mitted facts would reveal that the inputs on which MODVAT Credit was availed had been issued for the manufacture of final products. Those inputs were lost due to fire accident. A claim was made before the insurance authority. The same was not settled in the matter. It was in these circumstances, the assessee contested the proceedings before the Assistant Commissioner (Commissioner of Appeals) ther ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r settlement of duty despite settlement by the Insurance Company. The Tribunal noticing the non-settlement in the case on hand by the Insurance Company, has chosen to rightly distinguish the Judgment of the Mafatlal Industries Ltd., in the case on hand. We therefore are of the view that the order of the Tribunal cannot be interfered in the light of fire accident and in the light of the earlier Jud ..... X X X X Extracts X X X X X X X X Extracts X X X X
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