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TMI Blog2018 (8) TMI 80X X X X Extracts X X X X X X X X Extracts X X X X ..... owed on the finished goods destroyed in fire - In the present case, demand is confirmed for recovery of credit on capital goods, on destruction of the said capital goods in fire, inside the factory, which is not prescribed under the said provisions - demand not sustainable - appeal allowed - decided in favor of appellant. - Appeal No. E/87764/17 - A/86844/2018 - Dated:- 5-6-2018 - DR. D.M. MISR ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... said amount, which on adjudication was confirmed with interest and penalty. On appeal, the learned Commissioner (Appeals) dropped the demand on finished goods, however, he has confirmed recovery of the credit of ₹ 1,35,960/- with interest and penalty. Hence, the present appeal. 4. Learned Advocate for the appellant submits that the Commissioner (Appeals) erred in confirming the order of t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Rule is reproduced below: - (5C) Where on any goods manufactured or produced by an assessee, the payment of duty is ordered to be remitted under rule 21 of the Central Excise Rules, 2002, the CENVAT credit taken on the inputs used in the manufacture or production of said goods [and the CENVAT credit taken on input services used in or in relation to the manufacture or production of said goods ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... f the finished goods is required to be reversed on remission of the duty allowed on the finished goods destroyed in fire. In the present case, demand is confirmed for recovery of credit on capital goods, on destruction of the said capital goods in fire, inside the factory, which is not prescribed under the said provisions. Therefore, the same is not sustainable. 7. In the result, the impugned o ..... X X X X Extracts X X X X X X X X Extracts X X X X
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