https://www.taxtmi.com/caselaws?id=245335 Capital goods used in a factory for several years, then transferred to another unit and substantially destroyed in a fire, were not prima facie to be treated as removed as such for Cenvat credit purposes. The scraps from the destroyed goods had been cleared on payment of duty, and repairable parts were sent for repair and received back under Rule 4(5)(a) of the Cenvat Credit Rules. On these facts, insurance compensation could not be equated with sale proceeds of capital goods cleared as such. The applicant therefore established a prima facie case for waiver of pre-deposit and stay of recovery. en-us Mon, 27 Jun 2011 00:00:00 +0530 Thu, 27 Mar 2014 06:08:12 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=245335 Capital goods used in a factory for several years, then transferred to another unit and substantially destroyed in a fire, were not prima facie to be treated as removed as such for Cenvat credit purposes. The scraps from the destroyed goods had been cleared on payment of duty, and repairable parts were sent for repair and received back under Rule 4(5)(a) of the Cenvat Credit Rules. On these facts, insurance compensation could not be equated with sale proceeds of capital goods cleared as such. The applicant therefore established a prima facie case for waiver of pre-deposit and stay of recovery. Case-Laws Central Excise Mon, 27 Jun 2011 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=245335