Cenvat claim cannot be denied on goods destroyed in fire merely because Insurance company paid for that inclusive of excise duty

HIGH COURT OF KARNATAKA Commissioner of Central Excise Vs. Tata Advanced Materials Ltd. CEA No. 83 of 2009 APRIL 11, 2011 JUDGMENT 1. This appeal is by the revenue challenging the order passed by the Tribunal holding that the assessee is not liable to reverse the availment of cenvat credit in support of the goods destroyed for which he claimed compensation from the Insurance Company. 2. The assessee purchased the capital goods in the year 1998 and paid the excise duty. The said capital goods were used in manufacturing of excisable goods. Therefore, the assessee availed the ce...