2010 (11) TMI 919

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..... ondent. ORDER This is an appeal against order of the Commissioner (Appeals) No. 122/BPL/2008, dated 7-8-2008. 2. Heard both sides. 3. The relevant facts of the case, in brief, are that the appellant is a manufacturer of woollen yarn, woollen fabrics, man made fabrics, etc. There was a fire accident in the factory premises of the appellant on 24-1-2003 and certain capital goods/inputs .....

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..... ty. 4. Learned Advocate for the appellant submits that in view of special Insurance policy which was taken on "reinstatement" basis, the appellant received duty paid capital goods and has taken credit of duty paid by the manufacturer of the said capital goods. Denial of credit is not justified and the question of imposition of penalty does not arise. He also submits that there is no suppress .....

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..... the insurance company in view of special category of insurance policy, is not relevant to eligibility of credit on capital goods received by the appellants. Since the duty paid nature of the goods and the receipt of the same by the appellants for their use are not disputed, the denial of credit is not justified. 7. In view of the above, the order of the Commissioner (Appeals) is set aside a .....

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