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2014 (6) TMI 417 - CESTAT MUMBAIWaiver of pre deposit - Goods destroyed in fire which were in the private bonded warehouse. - Remission of duty - benefit of Notification No. 22/2003-C.E., dated 31-3-2003 and Notification No. 52/2003-Cus., dated 31-3-2003 - Held that:- As per the provisions of Customs Manual, the goods are to be fully insured against fire by a comprehensive policy drawn in favour of Commissioner of Customs or Central Excise. In the present case, the applicants have not taken such insurance in favour of Commissioner of Customs/Central Excise. The applicants only insured to the extent of value of goods excluding the duty part. The applicants relied on the decision of the Hon’ble High Court of Karnataka in the case of Sami Labs Ltd. [2012 (9) TMI 536 - KARNATAKA HIGH COURT]. In this case the provisions of Customs Manual regarding insurance against natural calamities was not brought to the notice of the Hon’ble High Court. The applicants were duty bound to insure the goods against natural calamity by comprehensive insurance policy drawn in favour of Commissioner of Customs/Central Excise. In view of this, prima facie, we find that the applicants had not made out a case for total waiver of the dues - Conditional stay granted.
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