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2009 (1) TMI 232 - AT - Central ExciseGoods Destroyed – fire accident – reversal of cenvat credit - Cenvat credit on the inputs and capital goods, had correctly availed based upon the documents and such credit was in accordance with the provisions of Cenvat Credit Rules, 2004. - It is also seen from the records that Cenvat credit availed by the Respondents on the finished goods which was returned by their purchasers was also in accordance with the Cenvat Credit Rules, 2002 read with CE Rules, 2004. - In short the credit which has been taken was legitimate and could not have been disputed by the Revenue. The entire dispute arose only after the fire accident in the factory in which inputs, intermediate products finished goods and capital goods got destroyed – Held that - Destruction of goods due to natural cause or by unavoidable accident during handling or storage cannot be equated with exemption to goods and the inputs can be considered to have been put to intended use for manufacture of final product.”
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