Home Case Index All Cases Central Excise Central Excise + AT Central Excise - 2016 (5) TMI AT This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2016 (5) TMI 996 - AT - Central ExciseRecovery of Cenvat credit - sponge iron not used in the manufacture of final product as they were lost in fire - received amounts through insurance claim against loss due to fire - Held that:- no evidence or verification has been discussed to support the case of denial of Cenvat credit by the Revenue. As per the statutory records of raw materials and as per claim of the appellant the said raw materials have been used for intended purpose. The compensation of insurance company is for damage to the quality of the raw material. Though the appellant did not produce any documentary evidence to substantiate such claim it is also a fact that Revenue did not produce any evidence of total loss of the said raw materials except referring to the claim and payment with reference to insurance. In the absence of categorical assertion of total loss with evidence, the statutory records maintained by the appellant are to be relied upon. The impugned order is not sustainable and set aside. - Decided in favour of appellant
|