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TMI Blog2017 (9) TMI 1116X X X X Extracts X X X X X X X X Extracts X X X X ..... If capital goods are put in use, in that case, provision of Rule 3(5) of Cenvat Credit Rules, 2004 are not applicable - Admittedly, in the case in hand, capital goods were in use by the appellant and after use have been destroyed in fire. CENVAT credit not required to be reversed - appeal allowed - decided in favor of appellant. - Excise Appeal No.55802 of 2013 - A/56392/2017-SM[BR] - Dated:- ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... show cause notice was issued to the appellant to reverse the Cenvat credit availed on these capital goods which had been destroyed in fire. Matter was adjudicated and Cenvat credit was denied to the appellant on capital goods destroyed in fire. Aggrieved from this order, appellant is before me. 2. Learned counsel relied on the decision of Hon ble Gujarat High Court decision in the case of CCE ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... below: (5) When inputs or capital goods, on which CENVAT credit has been taken, are removed as such from the factory, or premises of the provider of output service, the manufacturer of the final products or provider of output service, as the case may be, shall pay an amount equal to the credit availed in respect of such inputs or capital goods and such removal shall be made under the cover of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Credit Rules, 2004 are not applicable. Admittedly, in the case in hand, capital goods were in use by the appellant and after use have been destroyed in fire. Therefore, the decision of Hon ble Gujarat High Court in the case of Biopac India Corporation Ltd. (supra) is squarely applicable to the facts of this case. Further, the argument advanced by learned AR is in vain, as there is no such pro ..... X X X X Extracts X X X X X X X X Extracts X X X X
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