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M/s. Esab India Ltd. Versus Commissioner of Central Excise, Kolkata

2016 (8) TMI 842 - CESTAT KOLKATA

Reversal of input credit - inputs used in the manufacture of finished goods - destroyed in fire - Held that:- in view of the decision of larger bench in the case of Grasim Industries vs.-Commr. Of Central Excise, Indore [2006 (8) TMI 69 - CESTAT,NEW DELHI] wherein it was held that in respect of goods which were lost or destroyed by natural cause or by natural accident, does not provide any condition regarding reversal of credit taken in respect of inputs used on such goods, the First Appellate A .....

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. Thakur 1. This appeal has been filed by the appellant with respect to Order-in-Appeal No. 75/Kol-III/06 dated 07.09.2006 passed by the Commissioner (Appeal-I), Central Excise, Kolkata as First Appellate Authority. 2. Sri R.K.Chaudhari (Advocate) and Sri B.N.Pal (Advocate) appeared on behalf of the appellant. Sri R.K.Chaudhari argued that First Appellate Authority has rejected their appeal relying upon the case law of Mafatlal Industries Ltd.-vs.- Commr. Of C.Ex. & Customs, Ahmedabad[2003(1 .....

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red to be reversed. Ld. Advocate made the bench go through paragraph-7 of this case law decided by larger bench where they have not accepted the law laid down under Mafatlal Industries Ltd.-vs.- Commr. Of C.Ex. & Customs, Ahmedabad (Supra) relied upon by the First Appellate Authority. It was pointed out by the Court Master that the stay petition No.51/2007 in this appeal is also pending. 3. Sri S.Mukhopadhyay, Suptd.(AR) appearing on behalf of the Revenue argued that remission application of .....

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oods, destroyed in fire, is not payable. 4. Heard both sides and perused the case records. 5. So far as the Stay Petition No.51/2007 filed by the appellant is concerned it is observed that the issue lies in a narrow compass thereof, after allowing the stay application appeal itself taken up for disposal. 6. The only issue required to be decided in this case is whether input credit with respect to inputs used in the manufacture of finished goods, destroyed in fire, is required to be reversed by t .....

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use or by unavoidable accidents or in case goods become unfit for consumption or for marketing at any time before removal does not provide reversal of credit in respect of inputs used in the manufacture of such goods. The Modvat rules prohibits the credit of duty paid in respect of the inputs which are used in the manufacture of exempted goods or which are chargeable to nil rate of duty. The Tribunal in both the cases, that is Mafatlal Industries (supra) and in the case of Inalsa Ltd. (supra) he .....

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