2013 (7) TMI 305

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....Adv. For the Respondent : Shri V C Khole, Dy. Commissioner (AR) Per: Ashok Jindal: The appellant is in appeals against the denial of credit of Rs. 55,26,242/- vide impugned order No. RJB/M-III/226-227/2003 dated 18.6.2003 passed by the Commissioner (Appeals), Mumbai-III. 2. Brief facts of the case are that the appellant is a manufacturer of excisable goods. On 10.09.2000, at about 7.30....

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....t and the inputs were also gone into manufacturing process but denied credit on the ground that as the appellant has claimed insurance for the loss of inputs/in-process material/capital goods from the Insurance Company, therefore, credit cannot be allowed. The appellant filed an appeal before the Commissioner (Appeals) who in turn denied CENVAT credit by relying on the decision of Monica Electroni....

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....a certificate from the National Insurance Company certifying that the Insurance Company has not considered the claim of the modvat/CENVAT credit of duty paid while entertaining their claim for damaged capital/input/work in-process was produced before the Commissioner (Appeals) by the appellant. Therefore, the credit cannot be denied. The decision of the Monica Electronics (supra) is not applicable....

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....supra) . The facts in this case are distinguishable from the facts of the case of Monica Electronics (supra) , inputs were damaged prior to issuance for manufacture. It means that 'inputs' were not gone into manufacturing process, therefore, credit is inadmissible but in this case, it is not in dispute that 'inputs' have gone in the process of manufacturing and capital goods were also in use there....