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TMI Blog2016 (11) TMI 633X X X X Extracts X X X X X X X X Extracts X X X X ..... EW DELHI] wherein it was held that appellant has taken Cenvat Credit correctly and there is also no provision in the Cenvat Credit Rules to reverse proportionately Cenvat Credit on capital goods which was lost in fire or were not used. The appellant is not required to pay duty on semi-finished circuit card raw assembly destroyed in fire broke out in their factory - appeal allowed. - Appeal No. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the appellant and certain inputs, semi finished goods, unfinished goods and capital goods were destroyed. These facts are not in dispute. The appellant filed the remission claim of duty on the goods lost in fire. The adjudicating authority rejected their remission claim and consequently a show cause notice was issued to demand duty on finished goods, unfinished goods, semi finished goods and capit ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nd (c) Whether the appellant is entitled to claim remission of duty on capital goods or not and consequently the appellant is required to reverse proportionate cenvat credit goods or not? 8. To decide the first issue I find that same has come before the Larger bench of this Tribunal in the case of Grasim Industries (Supra), wherein this Tribunal has observed in para 7 as under: Regar ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sion of Deepak Tandon (Supra) that these goods are not marketable. Therefore, remissions of duty cannot be claimed. But at the same time relying on the decision of Grasim Industries (Supra); when the input have gone in manufacturing process, therefore, they are not required to reverse Cenvat Credit on input contained in unfinished goods/semi finished goods lost in fire as there is no provision of ..... X X X X Extracts X X X X X X X X Extracts X X X X
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