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TMI Blog2018 (5) TMI 285X X X X Extracts X X X X X X X X Extracts X X X X ..... ital goods on destruction in the incident of fire cannot be demanded - Held that: - the issue covered by the decision in the case of URMI CHEMICALS Versus COMMISSIONER OF CENTRAL EXCISE, MUMBAI-III [2014 (6) TMI 785 - CESTAT MUMBAI], where it was held that issue of reversal of credit arises only when the final product destroyed in fire and not in case of semi finished goods - demands raised agains ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the factory of the appellant on 04.08.2011, inputs, finished goods, semi-finished goods and capital goods were destroyed. Consequently, demand notice was issued on 31.07.2012 for recovery of the total duty/ audit of ₹ 68,66,011/- with interest and penalty. On adjudication, entire demand was confirmed with interest and penalty. Hence the present appeal 2. Ld. Advocate at the outset submit ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... od of time and after its destruction in fire, credit availed on such capital goods cannot be demanded. In support, he refers to the judgment of Hon ble Gujrat High Court in the case of CCE vs Biopac India Corporation Ltd. 2010 (258) ELT 56 (Guj.). Further he submits that remnants of destroyed capital goods which could not be used had been cleared as scrap on payment of duty. Ld. Advocate further ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... eady for dispatch, therefore, duty cannot be demanded; also credit availed on capital goods on destruction in the incident of fire cannot be demanded as the said capital goods were not lying and cleared as such but has been put to use for a consideral period. We find that these issues are covered by the aforesaid judgments of Urmi Chemicals and Biopac India Corporation Ltd.s (supra) case, followi ..... X X X X Extracts X X X X X X X X Extracts X X X X
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