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2018 (5) TMI 1110 - AT - Central ExciseCENVAT credit - write off of capital goods - Fixed asset destroyed in fire - Fixed assets/capital goods written off and cleared by the appellant from their factory - Fixed Assets/capital goods written off but not cleared by the appellant from their factory - rule 3(5B) of the Cenvat Credit Rules, 2004. Write off of Fixed asset destroyed in fire - Held that: - there are no records that the appellant was claiming that there was fire incident in the factory, Adjudicating authority has recorded that appellant had not produced copy of FIR or Police Panchanama in order to complete action - matter needs reconsideration by the adjudicating authority to come to a conclusion as to whether the demand of duty would sustain as capital goods destroyed/damaged in fire accident - matter on remand. Fixed assets/capital goods written off and cleared by the appellant from their factory - Held that: - the appellant had admitted damaged fixed assets were removed from the factory premises and the demand of duty needs to be upheld - the duty liability was discharged but there is a shortfall, the shortfall if any is required to be paid - demand upheld. Fixed Assets/capital goods written off but not cleared by the appellant from their factory - Held that: - In the absence of any such plea, adjudicating authority could not have addressed the same, keeping in mind that there is a specific decision on this point, in order to appreciate factual position, the matter is remitted back to the adjudicating authority to consider this point and to arrive at a conclusion - matter on remand. Appeal disposed off.
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