2018 (7) TMI 417

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....e Respondent (s) ORDER Per Shri P.K. Choudhary: The present appeal is filed by the Appellant against the Order-in-Appeal No.09/CE/BBSR-GST/2017 dated 30.10.2017 passed by the Commissioner (Appeals) of Central Excise, CGST, Customs, BBSR. 2. Briefly stated the facts of the case are that the appellant is engaged in the manufacture and sale of tyres, tubes and flaps classifiable under cha....

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....udit, a show cause notice dated 22.12.2008 was issued to the appellant proposing recovery of credit of Rs. 36,35,722/- under Rule 14 of the Cenvat credit Rules, along with interest and penalty. The adjudicating authority confirmed the aversions made in the show cause notice and imposed penalty of equal amount of duty. On appeal, the Commissioner (Appeals) vide stay order dated 07.10.2010 directed ....

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.... adjudication order. Aggrieved by the order of the Commissioner (Appeals), the appellant has filed this appeal before the Tribunal. 3. Heard both sides and perused the appeal records. 4. The ld. Counsel for the appellant submitted that since the Cenvat credit on the raw material had been availed at the time of procurement, which due to the fire had been destructed beyond repair, the appellan....

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.... (208) ELT 336 (Tri.-LB)] 5. The ld. A.R. for the Revenue submitted that raw material amounting to Rs. 2,41,40,299/- was destroyed in the fire and the assessable value of extra stores and spares damaged in the fire was Rs. 1,84,83,828/-. Therefore, the total amount that the appellant was required to reverse was Rs. 69,56,258/- computed @16.32%. However, the appellant had reversed only Rs. 33,20....