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TMI Blog2016 (12) TMI 1178X X X X Extracts X X X X X X X X Extracts X X X X ..... by the insurance company against the goods destroyed in fire and that the monetary compensation does not include Central Excise duty on the finished goods destroyed in fire, has not been substantiated - Held that: - It is observed from a letter dated 14.01.2004, written by the insurance company to the appellant, that the claim of ₹ 34,05,867/-(Rupees Thirty Four Lakhs Five Thousand Eight Hundred and Sixty Seven only) paid to the appellant was excluding Excise duty. However, this letter dated 14.01.2004 and the insurance application for seeking insurance claim filed by the appellant have not been brought on record - remanded back to the Adjudicating authority for deciding the case in remand proceedings on the issue of insurance claim ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... it was taken have been utilized in the manufacture of finished goods and credit was correctly availed under Central Excise Rules, 1944. On the issue of claim of Central Excise duty from the insurance company ld.Advocate made the Bench go through a letter dated 14.01.2004 issued to the appellant by National Insurance Company Ltd., Kolkata, wherein it has been mentioned by the insurance company that they have paid a full and final settlement of insurance claim of ₹ 34,05,867/-(Rupees Thirty Four Lakhs Five Thousand Eight Hundred and Sixty Seven only) to the appellant and that this claim does not include Excise duty. 4. Shri A.Roy, Supdt.(AR) appearing on behalf of the Revenue defended the order passed by the Adjudicating authority. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... troyed in fire. It is observed from a letter dated 14.01.2004, written by the insurance company to the appellant, that the claim of ₹ 34,05,867/-(Rupees Thirty Four Lakhs Five Thousand Eight Hundred and Sixty Seven only) paid to the appellant was excluding Excise duty. However, this letter dated 14.01.2004 and the insurance application for seeking insurance claim filed by the appellant have not been brought on record. In the interest of justice Order-in-Original dated 30.09.2008 passed by the Adjudicating authority is set aside and the matter is remanded back to the Adjudicating authority for deciding the case in remand proceedings on the issue of insurance claim filed by the appellant and whether Central Excise duty element is exclud ..... X X X X Extracts X X X X X X X X Extracts X X X X
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