Home Case Index All Cases Central Excise Central Excise + AT Central Excise - 2015 (10) TMI AT This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2015 (10) TMI 102 - AT - Central ExciseRemission of duty - Goods destroyed in fire - Availment of CENVAT Credit - Held that:- Commissioner may remit the duty payable on such goods on which duty is payable in respect of outputs of a manufacturer. Thus, I find that there is no mention of inputs under Rule 21, which are lying unused as not subjected to manufacture, thus no duty is payable. The appellant manufacturer has to pay duty only on its output when they are removed, and in case of loss in fire, which amounts to removal. The provisions of remission has been made for granting adequate relief for loss suffered, so as to give the relief to the assessee from further burden of duty. Therefore, I uphold the demand of duty in respect of raw materials and packing materials (lying in store). - So far as penalty under Section 11AC is concerned, I find that there is no deliberate intention in filing the remission late or any act or intention of evasion of duty is made out. The issue is interpretation of statute, and accordingly, penalty imposed under Section 11AC is set aside. - Decided partly in favour of assessee.
|