Home Case Index All Cases Central Excise Central Excise + AT Central Excise - 2017 (6) TMI AT This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2017 (6) TMI 764 - AT - Central ExciseRemission of duty - loss due to fire - It is the claim of the appellant that on 17/12/2011, they had a closing balance of 1026.360 MTs of sponge iron, out of which, they cleared 226.36 MTs of sponge iron on payment of appropriate duties. Hence they should get remission of 800 MTs which was destroyed during the fire incident - Held that: - there was a arson and miscreants set fire to the appellant's factory premises. It is also undisputed that the appellant is discharging the Central Excise duty paid on the sponge iron which is manufactured by them and the records maintained by the appellant indicated the closing stock of the sponge iron as on the date of the arson taken place. In my considered view, if the lower authorities are accepting the closing stock on a particular date when the factory is functioning, I do not find any reason to not to accept the closing stock mentioned in the books on the date when the arson took place. Reliance placed in the case of YASH PAPERS LIMITED Versus COMMISSIONER OF CENTRAL EXCISE, ALLAHABAD [2001 (11) TMI 852 - CEGAT, NEW DELHI], where it was held that even if there is a difference in quantity between the remission application and insurance claim, remission application should be granted for the quantities sought for which remission is sought. The rejection of the remission application in respect of 455.75 MTs of sponge iron lost in fire is incorrect - appeal allowed - decided in favor of appellant.
|