2016 (4) TMI 772

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....rjee, Suptd.(AR) ORDER PER SRI H.K.THAKUR 1. This Appeal has been filed by the Appellant against Order-in-Appeal No. 15/HAL/2012 dated 17.04.2012 passed by the Commissioner of Central Excise, (Appeal-I), Kolkata as First Appellate Authority. Under this Order-in-Appeal dated 17.04.2012 the First Appellate Authority has rejected the Appeal filed by the Appellant and upheld the Order-in-Orig....

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....e content/water. That the Appellant received insurance claim for the damaged inputs to the tune of Rs. 5,34,825/- out of total claim of Rs. 19,56,295/- from M/s. Reliance General Insurance. Similarly M/s. Bajaj Allianz General Insurance Co. Ltd. also sanctioned insurance claim of Rs. 2,50,821/- against total claim of Rs. 8,59,868/-. That the case of the Revenue is that once insurance claim has bee....

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....facturing process after due rectification. It is observed that the insurance claim given by the insurance companies were nearly 20% of the claim lodged by the Appellant. There is also no indication in the settlement claim that any element of Central Excise duties, for which Cenvat Credit was taken, was also reimbursed by the insurance companies. At the same time the Appellant has taken a stand bef....