2023 (4) TMI 1129

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....it the adjacent steel portion of holding stand due to which the prill stand system was damaged. The surveyor vide its report No.01/367/12-13 dated 06.02.2015 reported that the damaged plants machineries were not usable. The appellant had availed the cenvat credit on such damaged capital goods. Thus the department is of the opinion that the machines so damaged on which insurance claim has been received by the appellant is to be treated as cleared after being put to use and the appellant is required to reverse the cenvat credit in terms of sub rule 5 (A) of Rule 3 of Cenvat Credit Rules, 2004 Accordingly the SCN dated 11.06.2018 was issued for demand of Central Excise Duty and reversal of cenvat credit of Rs. 29,36,123/- along with interest a....

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....ELT 56 (GUJ.) STEELBIRD HI TECH INDIA LTD - 2015 (322) ELT 752 (TRI. DEL) 03. Shri Kalpesh P Shah, Learned Assistant Commissioner appearing on behalf of the Revenue reiterates the finding of the impugned order. 04. I have carefully considered the submission made by both sides and perused the records. I find that the fact of the case is not under dispute that the machine was used for almost 4 years thereafter it got damaged, the appellant also filed the insurance claim and after survey when the surveyor was satisfied the machines are not usable, the insurance company sanctioned the insurance claim. It is also fact in record that the appellant have cleared such damaged capital goods as waste and scrap. The relevant provision of sub- rule ....