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    <title>2018 (7) TMI 417 - CESTAT KOLKATA</title>
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    <description>Cenvat credit reversal was not required for capital goods and inputs destroyed in fire where the governing rules did not impose such a liability. The assessee had already reversed credit on raw material destroyed in the fire, and the Revenue failed to prove that credit had actually been availed on the disputed capital goods. Applying the principles in Auto Ignition and Grasim Industries, the tribunal held that the burden of proving availment of credit rested on the Revenue, and that no further reversal was sustainable for goods lost in an unavoidable accident. The demand and penalty therefore did not survive.</description>
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    <pubDate>Fri, 25 May 2018 00:00:00 +0530</pubDate>
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      <title>2018 (7) TMI 417 - CESTAT KOLKATA</title>
      <link>https://www.taxtmi.com/caselaws?id=363109</link>
      <description>Cenvat credit reversal was not required for capital goods and inputs destroyed in fire where the governing rules did not impose such a liability. The assessee had already reversed credit on raw material destroyed in the fire, and the Revenue failed to prove that credit had actually been availed on the disputed capital goods. Applying the principles in Auto Ignition and Grasim Industries, the tribunal held that the burden of proving availment of credit rested on the Revenue, and that no further reversal was sustainable for goods lost in an unavoidable accident. The demand and penalty therefore did not survive.</description>
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      <pubDate>Fri, 25 May 2018 00:00:00 +0530</pubDate>
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