2005 (12) TMI 178

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....ember (T)]. - This appeal arises from Order-in-Original No. 17/2002 (Commr.), dated 16-12-2002 passed by the Commissioner of Central Excise, Belgaum. 2. The brief facts of the case are as follows : The appellants avail Modvat/Cenvat credit on imports and capital goods. Revenue proceeded against them on the ground that the credit availed in respect of goods damaged in transit/storage/erection....

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....d. The appellants have strongly challenged the impugned order. Hence they have come before this Tribunal for relief. 3. Shri S. Nagaraj and T.R. Sastry, learned Advocates appeared for the appellant and Shri Ganesh Havanur, learned SDR appeared for the Revenue. 4. The learned Advocate made the following submissions. (i)      The goods were damaged in transit/dur....

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....n off in the books of account and on the presumption that the inputs may not be used since there is no time-limit for consumption of inputs. (iv)   He further relied on the following rulings : (a)      CCE, Indore v. Kinetic Motors Co. Ltd. - 2005 (183) E.L.T. 300 (Tri. - Del.) (b)      M/s. Jindal Polyster Ltd., Gulaothi v. CCE,....

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....at credit. Therefore the Modvat credit taken should be reversed. Hence the Order-in-Original is to be upheld. 6. We have gone through the records of the case carefully. Some of the goods, which have been received in the factory, are damaged on account of various reasons. It is true that these goods have been insured. The fact that these goods are still inside the factory is not disputed. In cas....