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Mahendra Strips Pvt. Ltd. Versus CCE & ST, Raipur

2016 (5) TMI 996 - CESTAT NEW DELHI

Recovery of Cenvat credit - sponge iron not used in the manufacture of final product as they were lost in fire - received amounts through insurance claim against loss due to fire - Held that:- no evidence or verification has been discussed to support .....

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e quality of the raw material. Though the appellant 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 .....

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avour of appellant - E/50220 of 2016 - Final Order No. 51729/2016-SM[BR] - Dated:- 3-5-2016 - B. Ravichandran, Member (Technical) For the Appellant : Shri Alok Barthwal Advocate For the Respondent : Shri M.P. Sharma, Authorized Representative (DR) OR .....

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at credit on inputs. During the course of audit by the Departmental officers it was noticed that the appellant received amounts through insurance claim against loss due to fire. Among other items, 50 M.T. of Sponge Iron 2 M.T. of MS Scrap were shown .....

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f ₹ 1,12,352/- and imposed equal amount of penalty. On appeal vide the impugned order the Commissioner (Appeals) upheld the said order. Aggrieved by this, the appellant is in appeal. 2. Learned Counsel for the appellant submits that as evident .....

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n 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 w .....

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nt of insurance amount with the appellant. The appellants claim is that the damage to the raw material is compensated by insurance and the said material in any case was used for manufacture as recorded in the statutory records. No evidence or verifi .....

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