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2016 (4) TMI 772 - CESTAT KOLKATA

2016 (4) TMI 772 - CESTAT KOLKATA - 2016 (343) E.L.T. 1108 (Tri. - Kolkata) - Recovery of Cenvat credit - in respect of inputs damaged due to moisture content/water - Insurance claim received for such damaged inputs - Revenue contended that once insurance claim has been received from the insurance company, the Cenvat Credit is required to be recovered but appellant submitted that inputs even though damaged, were used in the manufacture of second grade finished goods and inputs were not cleared f .....

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aken or that the damaged goods were cleared as such from the factory without reversing the Cenvat Credit. - Decided in favour of appellant - Appeal No. E/463/2012 - Order No.FO/A/75244/16 - Dated:- 1-4-2016 - SHRI H.K.THAKUR, MEMBER (TECHNICAL) For the Respondent : Sri S.S.Chatterjee, Suptd.(AR) ORDER PER SRI H.K.THAKUR 1. This Appeal has been filed by the Appellant against Order-in-Appeal No. 15/HAL/2012 dated 17.04.2012 passed by the Commissioner of Central Excise, (Appeal-I), Kolkata as First .....

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ant sought adjournments when the case was fixed for hearings on 06.11.15, 18.12.15 and 19.02.16. As a number of adjournments have already been extended to the Appellant, therefore, their request for further adjournment is not entertained and the Appeal is taken up for disposal. 3. Sri S.S.Chatterjee, Suptd.(AR) appearing on behalf of the Revenue submitted that the Appellant has taken Cenvat Credit with respect to certain inputs which were damaged due to moisture content/water. That the Appellant .....

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from the Appellant. 4. Heard Ld. A.R. and perused the case records. It is observed from the case records that inputs like Aluminium Rod, Copper Rod, Aluminium Drawn Wires, Copper Drawn Wires etc. were received by the Appellant on which Cenvat Credit was taken. It is the claim of the Appellant before the Lower Authorities that the inputs even though damaged, were used in the manufacture of second grade finished goods and inputs were not cleared from the factory premises. The Commissioner (Appeal .....

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