TMI Blog2016 (2) TMI 1037X X X X Extracts X X X X X X X X Extracts X X X X ..... oods. Therefore, the Cenvat credit cannot be denied to the appellant, moreover, the work in progress lost in fire. Therefore, appellant is not entitled for claim of remission of duty but the appellant cannot be asked to reverse Cenvat credit. It is a fact on record that the appellant has not written off the value of semi-finished goods/work in progress. In that circumstance, Rule 3(5B) of the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... entral Excise and FIR was also lodged. The appellant also filed claim of remission of duty on finished goods and inputs. The appellant was directed to reverse the Cenvat credit on inputs which has gone in work in progress. The appellant reversed the Cenvat credit on inputs which has gone in work in progress. Later on, the appellant realised that the inputs contained in the work in progress/semi-fi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ged before the ld. Commissioner (Appeals) who rejected the refund claim relying on the provisional Rule 3(5C) of the Cenvat Credit Rules, 2004. As the provisionally Rule 3(5C) of Cenvat Credit Rules, 2004 are not applicable. In this case, therefore, he submits that the impugned order may be set aside and appeal be allowed. 5. On the other hand, the ld. AR reiterated the finding of the impugned ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... envat credit. It is a fact on record that the appellant has not written off the value of semi-finished goods/work in progress. In that circumstance, Rule 3(5B) of the CCR, 2004 is not applicable in this case. Further, I have gone through to the provisional Rule 3(5C) of the Cenvat Credit Rules, 2004 which are not applicable to the facts of this case as appellant has not filed any claim of remissio ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
