9911796707
TMI Blog2014 (11) TMI 1040X X X X Extracts X X X X X X X X Extracts X X X X ..... ounts on account of fire or any other accidents. Therefore, hold that the appellant is required to reverse CENVAT credit on inputs which have been lost in fire “as such”. Further, as find in the claim of the appellant that certain inputs were not purchased by them against Central Excise invoices and they are not claiming CENVAT credit on them. This aspect has to be examined by the adjudicating ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s, finished goods and semi-finished goods is not an issue before me. The only issue before me is that whether the appellant Is entitled to take CENVAT credit availed by the appellant which were not put in use and destroyed as such or not. 3. Heard the parties. 4. The contention of the learned counsel for the appellant Is that there is no provision in law to reverse CENVAT credit on inputs ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ich were destroyed in fire. Therefore, the decision in the case of Khurana, Woolen Mills (P) Ltd. (supra) relied on by the appellant is not applicable as the judgment has been pronounced prior to 2009. 6. Heard the parties and considered the submissions made by both the sides. 7. As per Rule 3(5B) of C.C.E which is reproduced here-in- under, the appellant is required to reverse the CENVAT cr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e appellant is required to reverse CENVAT credit on inputs which have been lost in fire as such . Further, I find in the claim of the appellant that certain inputs were not purchased by them against Central Excise invoices and they are not claiming CENVAT credit on them. This aspect has to be examined by the adjudicating authority hence, the matter; needs examination at the end of the adjudicatin ..... X X X X Extracts X X X X X X X X Extracts X X X X
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