Cce - Ahmedabad-Ii vs Intas Pharmaceuticals ... on 19 June, 2014
3. So far as the first question is
concerned, the Full Bench of this Court in
Commissioner of Central Excise and Customs,
Ahmedabad-II Vs Intas Pharmaceuticals Limited,
reported in 2013(289) E.L.T.256 (Guj.) has held
regarding remission of duty on destruction of
final product and credit taken on inputs used in
manufacture of such final product. The remission
application was filed on 3.10.2005, whereas Rule
3(5-C) came into force on or after 7.9.2007.
Therefore, benefit was available to the
respondent assessee to claim the benefit of
Cenvat Credit as the goods were destrobed in
fire. We propose to answer all the three
questions together as they are interconnected.
Therefore, we answer all the three questions in
favour of the assessee and against the revenue.
The appeal filed by the revenue is accordingly
dismissed.