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TMI Blog2018 (5) TMI 1110X X X X Extracts X X X X X X X X Extracts X X X X ..... s appeal is directed against Order-in-Original No. Belapur/30-31/Taloja/R-IV/Commr/SFA/OCIL/2016-17 dated 06.12.2016. 2. Demand of duty which is disputed before the Tribunal by the appellant is in respect of the following items:- Sr. No. Written off amount pertaining to Value of written off Demand of CENVAT Credit confirmed 1. Fixed asset destroyed in fire 90,63,426 11,20,239 2. Fixed ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... arise. On specific query from the bench as to whether adjudicating authority was informed about the occurrence of fire in the factory premises, she was unable to bring on record to indicate such situation to the department like FIR, Police panchnams etc. 4. I do find from the records that the appellant was claiming that there was fire incident in the factory, Adjudicating authority has recorded t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... regards point No.3 of the table, fixed assets written off but not cleared from the factory, it is the submission of learned Counsel that writing off an amount of fixed asset in order to reduce the assets value in the balance sheet and it was not for any other purpose and the assets are still in the factory premises. She submits that identical issue in appellants own case was argued in Appeal Nos. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... in order to appreciate factual position, the matter is remitted back to the adjudicating authority to consider this point and to arrive at a conclusion. 4.3 In sum - (a) for points 1 and 3, the matter is remitted back to the adjudicating authority. (b) Point No.2, the demand is confirmed along with interest. 4.4 In respect of the matters remitted back to the adjudicating authority, all the iss ..... X X X X Extracts X X X X X X X X Extracts X X X X
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