2016 (5) TMI 996

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..... ER The appeal is against order dated 05/11/2015 of Commissioner (Appeals), Raipur. The brief facts of the case are that the appellants are engaged in manufacture of Ingots, Angles, MS Rounds etc. liable to Central Excise duty. They are availing Cenvat credit on inputs. During the course of audit by the Departmental officers it was noticed that the appellant received amounts through insurance clai .....

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..... damage of quality of the raw material which in any case has been used in the manufacture of final product. The Department did not adduce any evidence for recovery of Cenvat credit except payment of compensation by the insurance company. 3.     The learned AR submitted that as per the insurance claim 50 M.T. of Sponge Iron was lost due to fire and as such the credit on the same .....

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..... nt did not produce any documentary evidence to substantiate such claim it is also a fact that Revenue did not produce any evidence of total loss of the said raw materials except referring to the claim and payment with reference to insurance. In the absence of categorical assertion of total loss with evidence, the statutory records maintained by the appellant are to be relied upon. As such, I find .....

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