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2012 (4) TMI 527 - CESTAT NEW DELHIReversal of CENVAT Credit - Goods destroyed in fire enjoyed remission claim by adjudication order - Held that:- Commissioner examined the remanded issue and even in absence of assessee, allowed remission noticing that fire occurred on 18-6-2004 destroyed the goods. He noticed that as against the goods destroyed on 18-6-2004 which was confiscated by Revenue the appellant paid duty on 21-10-2004. The goods were destroyed by fire while it was under superdnama of the appellant. Those goods cannot get Cenvat credit as it is established principle of law that no one can enjoy at the cost of Revenue since the appellant was granted relief of remission and exchequer has also sacrificed duty component. There is no logic to unduly enrich the appellant when the input of respective value was destroyed and remission was allowed. Therefore, the order for reversal of Cenvat credit is justified in the eyes of law which calls for no interference - Decided against assessee.
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