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2018 (5) TMI 285 - AT - Central ExciseDemand of duty on semi-finished goods destroyed by fire - CENVAT credit on capital goods destroyed - case of appellant is that semi finished goods or work in progress goods, since not attained the RG-1 stage and ready for dispatch, therefore, duty cannot be demanded; also credit availed on capital goods on destruction in the incident of fire cannot be demanded - Held that: - the issue covered by the decision in the case of URMI CHEMICALS Versus COMMISSIONER OF CENTRAL EXCISE, MUMBAI-III [2014 (6) TMI 785 - CESTAT MUMBAI], where it was held that issue of reversal of credit arises only when the final product destroyed in fire and not in case of semi finished goods - demands raised against the appellant for destruction of semi-finished goods and capital goods cannot be sustained. Penalty - Held that: - major portion of the liability has been discharged within one month and the present demand notice is issued for normal period of limitation - penalty not imposable. Appeal allowed - decided in favor of appellant.
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