2014 (11) TMI 1040

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....nt. Shri Rakesh Goyal, Addl. Commissioner (AR), for the Respondent. ORDER The appellant is in appeal against the impugned order wherein CENVAT credit on inputs which lost in fire "as such" has been denied by the lower authorities. 2. Brief facts of the case are that on 28-3-2010 a fire took place in the factory premises of the appellant wherein inputs, semi-finished goods, finishe....

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....ts were not purchased by them against commercial Invoices on which they have not taken CENVAT credit. This aspect-has not been considered and CENVAT credit has been denied. The contention of the appellant is that when they have not taken CENVAT credit therefore, question of denial of CENVAT credit does not arise. 5. On the other hand the learned A.R. appearing for the Revenue submits that ....

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....)     Capital goods before being put to use, on which CENVAT Credit has been taken is written off fully or where any provision to write off fully has been made in the books of account, then the manufacturer shall pay an amount equivalent to the CENVAT credit taken in respect of the said input or capital goods : Provided that if the said input or capital goods ....