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2017 (6) TMI 761 - AT - Central ExciseGoods destroyed by fire - demand of duty on the finished goods destroyed in the fire, and in respect of which the appellants had received the insurance compensation - remission of duty - Held that: - In the absence of any dispute that there was damage and loss of the finished products or in the absence of any dispute of the fact that the appellants have paid back the CENVAT credit availed on the inputs and have paid duty in respect of salvaged waste and scrap, confirmation of demand of duty on the lost final products cannot be upheld. Filing of a remission application is only a procedural aspect and the prayer to remit the duty can be made by an assessee even while defending himself in the demand proceedings. Extended period of limitation - Held that: - the entire facts were in the knowledge of the Revenue. The reasoning of Commissioner (Appeals) that the appellant had not given the estimate of the goods lost in the fire cannot be equated with any suppression or mis-statement with malafide intention so as to justifiably invoke the larger period of limitation - demand beyond normal period not sustainable. Appeal allowed - decided in favor of appellant.
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