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TMI Blog2005 (12) TMI 178X X X X Extracts X X X X X X X X Extracts X X X X ..... riginal No. 17/2002 (Commr.), dated 16-12-2002 passed by the Commissioner of Central Excise, Belgaum. 2. The brief facts of the case are as follows : The appellants avail Modvat/Cenvat credit on imports and capital goods. Revenue proceeded against them on the ground that the credit availed in respect of goods damaged in transit/storage/erection/fire or lost or stolen goods is not in order, esp ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... lief. 3. Shri S. Nagaraj and T.R. Sastry, learned Advocates appeared for the appellant and Shri Ganesh Havanur, learned SDR appeared for the Revenue. 4. The learned Advocate made the following submissions. (i) The goods were damaged in transit/during erection/use at site or in storage or in fire. The appellants claimed insurance for the value of the goods or cost of repairs of the goods ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n the following rulings : (a) CCE, Indore v. Kinetic Motors Co. Ltd. - 2005 (183) E.L.T. 300 (Tri. - Del.) (b) M/s. Jindal Polyster Ltd., Gulaothi v. CCE, Meerut - 2001 (137) E.L.T. 1022 (T.)=2001 (78) ECC 488 (Tri.) (c) Ashok Leyland Ltd. v. CCE, Chennai - 2002 (149) E.L.T. 1096 (CEGAT - Che.) (d) CCE, Chennai-III v. Indchem Electronics - 2003 (151) E.L.T. 393 (CEGAT - ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s have been insured. The fact that these goods are still inside the factory is not disputed. In cases, where the goods are repaired there is a possibility of their being put to use in the manufacture of the final products. In those cases, where the goods are to be removed, at the time of removal duty payment/reversal of credit should be carried out in accordance with Central Excise Law. In these c ..... X X X X Extracts X X X X X X X X Extracts X X X X
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