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Issues: Whether reversal of Cenvat credit could be demanded as a condition for remission of duty on goods destroyed in fire.
Analysis: The remission provision under Rule 21 of the Central Excise Rules, 2002 does not contemplate a condition requiring reversal of credit on inputs used in goods that were lost or destroyed by fire. The Tribunal followed the Larger Bench view that destruction of goods by accident cannot be equated with exemption of goods, and that the inputs are treated as having been put to intended use in manufacture. The earlier decision approving the contrary condition was therefore not sustainable.
Conclusion: The demand for reversal of Cenvat credit could not be sustained and the assessee's challenge succeeded.
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