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2015 (10) TMI 865 - CESTAT NEW DELHI

2015 (10) TMI 865 - CESTAT NEW DELHI - 2015 (330) E.L.T. 666 (Tri. - Del.) - Duty demand - Insurance claim received against damaged gear boxes - gear box still lying in the factory - Held that:- As per Section 4 of the Central Excise Act, 1944 an assessee is required to pay duty of the sale of the goods or deemed to be sale of the goods manufactured by them and the same shall be transaction value. In this case, sale did not take place. It is not a case of deemed sale, as appellant is not the man .....

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Khanna, DR ORDER Per: Ashok Jindal: The appellant is in appeal against the impugned order demanding duty on the insurance claim of damaged gear box. 2. The facts of the case is that the appellant is engaged in the manufacture of iron and non-alloy steel strips and alloy steel strips. In 1996, they procured one gear box. The said gear box was damaged in 2001.The appellant filed a claim of insurance with the insurance company for ₹ 11,54,497/-, after deducting the cenvat credit of ₹ 1, .....

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fore us in the present appeal. 2. Ld. Counsel for the appellant submits that the gear box is still lying in the factory and that has not been sold out, therefore, the duty cannot be demanded. He further submits that as per Section 4 of the Central Excise Act, 1944, the duty can be demanded only in a situation where goods are sold or deemed to be sold. In this case, the appellant is manufacturer of iron and non-alloy steel strips and gear box is still lying in the factory therefore, the duty cann .....

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