TMI Blog2015 (10) TMI 1162X X X X Extracts X X X X X X X X Extracts X X X X ..... he supplier. There is no dispute that the appellant availed the credit on the entire machine which was received by them and used in the manufacture of final products. A portion of the parts was replaced cannot be reason for denial of the proportionate cenvat credit on the entire machine which was used in the manufacture of final product, as per provision of Cenvat Credit Rules. The main contention ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... to the tune of ₹ 65,16,704/- which includes cenvat credit of ₹ 1,51,715/- availed on the machinery damaged during the transit and the parts were replaced by the supplier. The appellant received insurance claim in respect of the damaged parts. A show cause notice dtd 24.4.2009 was issued proposing denial of cenvat credit of ₹ 1,51,715/- alongwith interest and to impose penalty. Th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rned Authorized Representative for the Revenue is that they have availed insurance claim in respect of the damaged parts. There is no material available that the appellant claimed insurance claim on the cenvat account. The Learned Advocate for the appellant relied upon the decision of the Hon ble Karnataka High Court in the case of CCE, Bangalore vs Tata Advanced Materials Ltd - 2011.271.ELRT.62 ( ..... X X X X Extracts X X X X X X X X Extracts X X X X
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