https://www.taxtmi.com/caselaws?id=246276 Refund of central excise duty on fire-destroyed finished goods could not be denied merely because the assessee received insurance compensation that included the amount of Cenvat credit. The governing rules required reversal of credit attributable to inputs contained in the finished products, but they did not create any express bar on recovering the loss from an insurer. In the absence of a specific statutory restriction, the insurance receipt could not be treated as deemed utilisation of credit, unjust enrichment, or payment of duty on other final products by legal fiction. The refund denial was therefore held unsustainable. en-us Fri, 14 Oct 2011 00:00:00 +0530 Sun, 20 Apr 2014 15:46:47 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=246276 Refund of central excise duty on fire-destroyed finished goods could not be denied merely because the assessee received insurance compensation that included the amount of Cenvat credit. The governing rules required reversal of credit attributable to inputs contained in the finished products, but they did not create any express bar on recovering the loss from an insurer. In the absence of a specific statutory restriction, the insurance receipt could not be treated as deemed utilisation of credit, unjust enrichment, or payment of duty on other final products by legal fiction. The refund denial was therefore held unsustainable. Case-Laws Central Excise Fri, 14 Oct 2011 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=246276