9911796707
TMI Blog2006 (8) TMI 66X X X X Extracts X X X X X X X X Extracts X X X X ..... . Tulsyan NEC Ltd., Doddaballapur. Several inputs were destroyed. It was stated that the respondent irregularly availed CENVAT credit on certain inputs, which were not received back from job work, the actual CENVAT credit attributable were not correctly arrived at and thereafter not adjusted the differential amount. It was further stated that irregularly, the respondent availed CENVAT credit of Rs ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ion of duty. Thereafter, the assessee approached the Tribunal. The Tribunal accepted the case of the assessee. It is in these circumstances, the Revenue is before us. 2.The following questions of law are raised by the Revenue : (1) Whether Rule 57-I of the Central Excise Rules, 1944 provides levy of Central Excise duty on the inputs on receipt of which CENVAT credit availed and not fully account ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nal products. Those inputs were lost due to fire accident. A claim was made before the insurance authority. The same was not settled in the matter. It was in these circumstances, the assessee contested the proceedings before the Assistant Commissioner (Commissioner of Appeals) thereafter before the Tribunal. The Tribunal, after noticing the facts noticed the Judgment of the Tribunal in (2004) 173 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... on hand by the Insurance Company, has chosen to rightly distinguish the Judgment of the Mafatlal Industries Ltd., in the case on hand. We therefore are of the view that the order of the Tribunal cannot be interfered in the light of fire accident and in the light of the earlier Judgment of the Tribunal in somewhat identical circumstances. However, we deem it proper to say that before settlement, t ..... X X X X Extracts X X X X X X X X Extracts X X X X
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