TMI Blog2017 (8) TMI 1270X X X X Extracts X X X X X X X X Extracts X X X X ..... nput contained in semi finished goods was meant for use in the manufacture of dutiable goods and the same was used in the exempted goods, therefore provisions of Rule 6(1) is not applicable. As regard the specific provision for reversal of Cenvat credit on input contained in the goods which destroyed in the fire was brought w.e.f. 7-1-2007 under Rule 3(5)(c) of Cenvat Credit Rules whereas present case is pertaining to the period 9-6-2006 therefore this provision of Rule 3(5)(c) of Cenvat Credit rules is also not applicable - the Cenvat credit in respect of input either as such or in the form of semi finished goods lost in fire, cannot be denied - appeal allowed - decided in favor of appellant. - E/1289/09 - A/88627/17/SMB - Dated:- 25-7 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... He submits that specific provisions for reversal of Cenvat credit was brought in the statue under Rule 3(5)(c) of Cenvat Credit rules vide notification no.33/2007-C.E.(N.T.) dated 7-9-2007 whereas appellant s case is of 9-6-2006 therefore that said provision is also not applicable. He submits that at the time of taking credit it was validly taken for use in the manufacture of dutiable goods. In such situation there is no provision for denial of the credit. He further submits that in the facts and circumstances of the case penalty under Rule 15(1) of the Cenvat Credit Rules, 2004 is not attracted as issue involved is of grave interpretation of law. In support of his submission, he placed reliance on the following judgments: (a) Win Medi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... authority have rightly confirmed the demand which does not require any interference. 4. I have carefully considered the submissions made by both sides and perused the record. 5. I find that appellant, at the time of receipt of input, validly and legally availed the Cenvat credit, thereafter inputs on which credit was taken was issued for production of dutiable goods at the stage of semi finished goods, wherein Cenvatable input were used were destroyed in fire occurred on 9-6-2006. In such a situation there is no provision in law to recover the cenvat credit in respect input contained in semi finished goods destroyed in fire. The only rule which restrict availment of Cenvat credit is provided under Rule 6 of Cenvat Credit Rules. Accord ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed as [2003(157)ELT A206] wherein Revenue's appeal was dismissed. Similar view was taken in case, of Urmi Chemicals(Supra) wherein it was held that input in semi finished goods destroyed in fire, credit not be reversed. In the case of Asian Paints (I) Ltd(Supra) the jurisdictional Bombay High court dismissed the appeal of the Revenue upholding the Tribunal order wherein it has been held that Cenvat credit in respect of input lost due to fire, Cenvat credit in respect of such input is admissible. 6. As per the judgment discussed above and many other judgments cited by the Ld. Counsel it was consistently held by the Tribunal as well as High Courts that the Cenvat credit, in respect of input either as such or in the form of se ..... X X X X Extracts X X X X X X X X Extracts X X X X
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