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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 ..... djudicating authority to come to a conclusion as to whether the demand of duty would sustain as capital goods destroyed/damaged in fire accident - matter on remand. Fixed assets/capital goods written off and cleared by the appellant from their factory - Held that: - the appellant had admitted damaged fixed assets were removed from the factory premises and the demand of duty needs to be upheld - the duty liability was discharged but there is a shortfall, the shortfall if any is required to be paid - demand upheld. Fixed Assets/capital goods written off but not cleared by the appellant from their factory - Held that: - In the absence of any such plea, adjudicating authority could not have addressed the same, keeping in mind that there i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... balance sheet. Show-cause notice was issued relying upon the provisions of rule 3(5B) of the Cenvat Credit Rules, 2004. The show-cause notice was contested by the appellant. Adjudicating authority dropped substantial portion of the demand raised and confirmed the demand as indicated herein above. 3. Learned Counsel submitted that in respect of item No. 1 i.e. fixed assets (plant and equipment) destroyed in fire, question of remission would not 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 ap ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... and find it so. At the same time, on a specific enquiry from the bench as to whether this particular point as to reduction in the value of the asset in order to show the correct value in the balance sheet, was taken up before the adjudicating authority or otherwise, she fairly submits that this point was not taken before the adjudicating authority and the adjudicating authority has also not recorded any finding to discard the plea, to confirm the demand. In the absence of any such plea, adjudicating authority could not have addressed the same, keeping in mind that there is a specific decision on this point, in order to appreciate factual position, the matter is remitted back to the adjudicating authority to consider this point and to arrive ..... X X X X Extracts X X X X X X X X Extracts X X X X
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