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TMI Blog2018 (1) TMI 357X X X X Extracts X X X X X X X X Extracts X X X X ..... n filed by M/s. Unimers India Ltd. against demand of reversal of cenvat credit on inputs/raw materials contained in the finished goods/semi finished goods destroyed in the factory due to fire on which remission duty was granted. 2. No one appeared for the appellant on last three occasions despite notice therefore the matter has been taken on t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e. It has been argued that department cannot recover any dues without issue of show cause notice. It has also been argued that there are no power to put conditions under Rule 21 of the Central Excise Rules 2002. It has been argued that in these circumstances reversal of credit cannot be ordered as a condition for remission. Reliance has been placed on the decision of Larger ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e Tribunal taken in the case of Inalsa Ltd. (supra) in this regard. The issue to the Larger Bench is answered in the above terms and the matter be placed before the Regular Bench." It is noticed that the said decision of Tribunal has been approved by Hon'ble High Court of Madras as reported in 2015 (322) ELT 209. Following the ratio of the decision of Larger Bench of Tribunal approved by Hon'ble ..... X X X X Extracts X X X X X X X X Extracts X X X X
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