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    <title>2001 (3) TMI 598 - CEGAT, MUMBAI</title>
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    <description>The appeal was filed by the Department against the decision of the Collector of Central Excise, Mumbai, regarding the admissibility of Modvat credit on duty paid inputs destroyed in a fire incident. The Assistant Collector had dropped the demand for duty, citing that duty cannot be demanded in case of lost goods and that the demand was time-barred. However, the Collector of Central Excise upheld the Assistant Collector&#039;s decision. The issue revolved around whether Modvat credit was admissible on inputs destroyed before being used in final product manufacturing. The Tribunal referred the matter to a Larger Bench for a comprehensive determination due to conflicting judgments on the interpretation of the term &quot;not legal and proper&quot; in Section 35B of the Central Excise Act.</description>
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    <pubDate>Fri, 16 Mar 2001 00:00:00 +0530</pubDate>
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      <title>2001 (3) TMI 598 - CEGAT, MUMBAI</title>
      <link>https://www.taxtmi.com/caselaws?id=97768</link>
      <description>The appeal was filed by the Department against the decision of the Collector of Central Excise, Mumbai, regarding the admissibility of Modvat credit on duty paid inputs destroyed in a fire incident. The Assistant Collector had dropped the demand for duty, citing that duty cannot be demanded in case of lost goods and that the demand was time-barred. However, the Collector of Central Excise upheld the Assistant Collector&#039;s decision. The issue revolved around whether Modvat credit was admissible on inputs destroyed before being used in final product manufacturing. The Tribunal referred the matter to a Larger Bench for a comprehensive determination due to conflicting judgments on the interpretation of the term &quot;not legal and proper&quot; in Section 35B of the Central Excise Act.</description>
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      <pubDate>Fri, 16 Mar 2001 00:00:00 +0530</pubDate>
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