https://www.taxtmi.com/caselaws?id=103931 Modvat credit was not admissible on inputs found broken during transit before receipt in the factory, because Rule 57D applies only where inputs are lost or destroyed in the course of manufacture. The record supported the adjudicating authority's finding that the breakage occurred during transportation, so the Commissioner (Appeals) erred in assuming the damage happened after factory receipt without evidentiary basis. The allowance of credit and deletion of penalty were therefore unsustainable, and the matter required remand for fresh decision after hearing both sides. en-us Mon, 21 Jan 2002 00:00:00 +0530 Sat, 25 Feb 2012 11:16:37 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=103931 Modvat credit was not admissible on inputs found broken during transit before receipt in the factory, because Rule 57D applies only where inputs are lost or destroyed in the course of manufacture. The record supported the adjudicating authority's finding that the breakage occurred during transportation, so the Commissioner (Appeals) erred in assuming the damage happened after factory receipt without evidentiary basis. The allowance of credit and deletion of penalty were therefore unsustainable, and the matter required remand for fresh decision after hearing both sides. Case-Laws Central Excise Mon, 21 Jan 2002 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=103931