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2016 (11) TMI 823 - CESTAT CHANDIGARHReversal of CENVAT credit - inputs in process, which was destroyed in fire - Held that: - the party had inadvertently reversed the cenvat credit in respect of inputs used in work in process alongwith the credit in respect of raw material in store at the time of fire accident. Later on, they realized their mistake that credit on inputs contained in the work in process was incorrect and applied for refund. The first contention of the revenue that the refund cannot be entertained under Section 11B is not correct as the Larger Bench of Hon'ble Tribunal in case of BDH Industries Ltd, vs, CCE [2008 (7) TMI 78 - CESTAT MUMBAI] has held that all types of refund will be governed by Section 11B of the Act. The second issue whether the appellant was required to reverse the cenvat credit on inputs in process which was destroyed in fire is also no longer res-integra and it has been held in the case Cc vs. Fenner India Ltd. [2014 (11) TMI 704 - MADRAS HIGH COURT] that the credit on inputs in process need not be reversed Appeal allowed.
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