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2018 (6) TMI 179 - AT - Central ExciseRemission of duty - loss of material due to flood in the factory - remission application was rejected on the ground that documents such as survey report, insurance claim papers etc. were not submitted by the assessee - penalty u/s 11AC of CEA - Held that:- Once the insurance claim was filed and the same was processed, all the proceeding of insurance claim itself is sufficient to establish that the goods were destroyed in flood. Therefore, no further document is required - However, as per the finding of the Commissioner, insurance related documents were not submitted by the assessee. In these circumstances, the remission matter needs to be reconsidered. Penalty u/s 11AC - Held that:- This is admitted case of loss of goods in flood. In this fact, the ingredient to invoke the penalty under Section 11AC does not exist, as it is beyond the control of the assessee that the goods were lost in flood - penalty not invocable. Appeal allowed by way of remand.
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