Home Case Index All Cases Central Excise Central Excise + AT Central Excise - 2013 (7) TMI AT This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2013 (7) TMI 399 - CESTAT AHMEDABADReversal of Cenvat Credit – goods damaged due to flood - Non-reversal of Cenvat Credit on plant and machinery and work in process goods - Respondents had received insurance claim for damages of raw materials, finished goods and spares due to flood – Show-cause Notice issued for recovery of wrongly taken CENVAT Credit of under Rule 14 of CENVAT Credit Rules, 2004 read with Section 11A of Central Excise Act, 1944, recovery of interest under Rule 14 of the CENVAT Credit Rules, 2004, read with Section 11AB ibid and for imposition of penalty under Rule 15 of the CENVAT Credit Rules, 2004 read with Section 11AC ibid – Held that:- Relying upon the judgment of Voltamp Transformers Ltd. [2009 (12) TMI 743 - CESTAT AHMEDABAD], the appeal filed by Revenue is rejected. The High Court dismissed the Revenue appeal in the abovementioned case following the larger bench decision by Hon’ble High Court in the case of Intas Pharmaceuticals Ltd [2013 (4) TMI 532 - GUJARAT HIGH COURT], which was delivered on 29.08.2012. - Decided against the Revenue.
|