2014 (6) TMI 785

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....ri B.S. Meena, AR, for the Respondent. ORDER The appellant are in appeal against the impugned order demanding duty on semi-finished goods destroyed in floods on 26-7-2005. 2. The brief facts of the case are that the appellant are manufacturers of excisable goods and availed credit of duty on various inputs and capital goods received in their factory. On 26-7-2005 due to heavy flood, ....

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....oods were destroyed in the flood to the tune of Rs. 9,77,867/-. The Cenvat credit on the inputs contained in the destroyed goods they have already reversed along with interest as semi-finished goods cannot be cleared from the factory. Therefore, duty demand is not sustainable. He further submitted that although the appellant have reversed the Cenvat credit attributable to semi-finished goods lost ....

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....ts. Following the decision of this Tribunal in Lakshmi Precision Tools Ltd. - 2006 (199) E.L.T. 77 (Tri.-Chennai), this Tribunal has categorically held that stock in progress damaged in fire accident, appellant not intending to claim remission of duty on any goods destroyed in fire accident, hence not filed any remission application nor reported the accident to the Central Excise department. In th....