2015 (10) TMI 1295

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..... s held regarding remission of duty on destruction of final product and credit taken on inputs used in manufacture of such final product. The remission application was filed on 3.10.2005, whereas Rule 3(5-C) came into force on or after 7.9.2007. Therefore, benefit was available to the respondent assessee to claim the benefit of Cenvat Credit as the goods were destrobed in fire - Decided against Rev .....

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..... ssion of duty under Rule 21 of the Cenvat Excise Rules, 2002 in respect of the goods lost or destroyed by natural cause or by unavoidable accidents or in case goods become unfit for consumption or for marketing at any time before removal? (2) Whether, in the facts and circumstances of the case, the Tribunal has erred in law in holding that no reversal of modvat credit was required despite CB .....

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..... iled on 3.10.2005, whereas Rule 3(5-C) came into force on or after 7.9.2007. Therefore, benefit was available to the respondent assessee to claim the benefit of Cenvat Credit as the goods were destrobed in fire. We propose to answer all the three questions together as they are interconnected. Therefore, we answer all the three questions in favour of the assessee and against the revenue. The appeal .....

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