2008 (12) TMI 624

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....e Respondent. [Order]. - In this case certain stock of coke on which Cenvat credit amounting to Rs. 7,16,718/- (Rupees Seven Lakhs Sixteen Thousand Seven Hundred and Eighteen only) had been taken by the appellant was washed away in flood before it could be used in manufacture of the final products. Subsequently it was pointed out by the Department that the Cenvat credit taken in respect of the ....

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....e is not so great that it should attract an amount of equal penalty. It is against this penalty that the appellant has filed the present appeal pleading that since at the time of taking Cenvat credit, the same has been correctly taken and since the goods were washed away in flood before the same could be used and subsequently when the department pointed out the Cenvat credit was reversed along wit....

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....handigarh reported in 2002 (145) E.L.T. 301 (Tri.-Del.), wherein it was held that when the inputs in respect of which Cenvat credit has been taken were destroyed by fire accident and the appellant had neither informed the fact of the destruction to the department nor reversed the Cenvat credit, even in such circumstances, the penalty is not imposable under erstwhile Rules 57-I (4) and (5) of the C....

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....e (I) Pvt. Ltd. v. CCE, Noida reported in 2006 (195) E.L.T. 106 (Tri. -Del.). 3. I have carefully considered the submissions from both the sides. There is no dispute about the fact that the Cenvat credit of Rs. 7,16,718/- which was subsequently reversed along with interest, had initially being taken on receipt of coke to be used as raw material for manufacture of finished goods. But before....