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2010 (6) TMI 473 - AT - Central ExciseCenvat credit - Remission of duty - As a result of explosion on 3-11-98 in the factory premises of the assessee, certain semi finished goods were destroyed. - The assessee approached the Revenue for remission of duty on the said semi finished goods which request was rejected. The appellant approached the Tribunal and the matter was remanded vide Order dated 16-8-07 for passing a reasoned order. It is seen in remand Commissioner vide his order dated 29-10-07 observed that since the goods that were destroyed in the factory on 3-11-98 were semi finished goods which were yet to attain RG-1 stage and therefore not attracting any central excise duty. He accordingly rejected the remission application. - Show cause notice was issued to the respondents on 29-4-99 seeking to recover the modvat credit of duty involved in the inputs used in the manufacture of the semi finished goods - Revenue’s appeal lacks merit and is rejected accordingly - The issue of reversal of credit would arise only when the final product destroyed in the fire has been allowed remission of duty.
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