2018 (5) TMI 1110

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....pondent Per: M.V. Ravindran This appeal is directed against Order-in-Original No. Belapur/30-31/Taloja/R-IV/Commr/SFA/OCIL/2016-17 dated 06.12.2016. 2. Demand of duty which is disputed before the Tribunal by the appellant is in respect of the following items:- Sr. No. Written off amount pertaining to Value of written off Demand of CENVAT Credit confirmed 1. Fixed asse....

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....ets (plant and equipment) destroyed in fire, question of remission would not arise. On specific query from the bench as to whether adjudicating authority was informed about the occurrence of fire in the factory premises, she was unable to bring on record to indicate such situation to the department like FIR, Police panchnams etc. 4. I do find from the records that the appellant was claiming tha....

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....ount as also interest on the total amount of Rs. 7,31,817/-, if not paid. 4.2 As regards point No.3 of the table, fixed assets written off but not cleared from the factory, it is the submission of learned Counsel that writing off an amount of fixed asset in order to reduce the assets value in the balance sheet and it was not for any other purpose and the assets are still in the factory premises....

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....dressed the same, keeping in mind that there is a specific decision on this point, in order to appreciate factual position, the matter is remitted back to the adjudicating authority to consider this point and to arrive at a conclusion. 4.3 In sum - (a) for points 1 and 3, the matter is remitted back to the adjudicating authority. (b) Point No.2, the demand is confirmed along with interest....