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2008 (12) TMI 208 - AT - Central ExciseRemission of duty - damage to finished goods due to a fire - Surveyor of the Insurance company has clearly mentioned that the fire was caused by the cinders which must have flown from the nearby fields - It is quite clear that the fire was accidental in view of the explanation on the panchnama also which says that when a worker noticed the fire immediately action was taken to douse the fire. The circumstances of occurring of the fire and extinguishing of the same explained in the panchnama supports the case of the party - Thus there is no doubt that the fire occurred because of an accident. As regard the second point that CENVAT Credit was not reversed, in view of the Larger Bench decision cited by the appellants, the same need not be reversed. As regards insurance claim, after verification of the value in the invoices, I am satisfied that the insurance claim does not include the excise duty portion. – Remission allowable
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