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2014 (3) TMI 783 - CESTAT NEW DELHIDuty demand - Destruction of goods by fire - Suppression of facts - Held that:- The DG sets stands utilized for the intended purpose in the Karnataka unit for about five years and transferred to their Imlai unit and installed on 3-6-2002 and was being used in the Imlai unit when the fire on 8-11-2003 destroyed substantial parts of the capital goods. The claim of the applicant was that the scrap generated out of whatever destroyed has been cleared on payment of duty and whatever was reparable has been got repaired and received back in terms of Rule 4(5)(a). In the given facts and circumstances of the case, prima facie, it cannot be treated as a case of removal of capital goods as such and the amount received by the applicants from the insurance company cannot be treated as if sale proceeds of capital goods cleared as such and therefore, payment of duty or reversal of credit on the capital goods so destroyed, may not arise - Stay granted.
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