TMI Blog2014 (6) TMI 417X X X X Extracts X X X X X X X X Extracts X X X X ..... visions 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 decis ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... K.S. Mishra, Addl. Commissioner (AR), for the Respondent. ORDER Heard both sides. 2. The applicants filed these applications for waiver of Central Excise duty of Rs. 2,31,980 and customs duty of Rs. 93,93,304, interest and penalty. 3. The demand is in respect of capital goods as well as raw material which were procured by the applicants without payment of duty by availing the benefi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d executed at the time of import of the goods and not fulfilled the condition of the above mentioned notifications. The contention is that the goods were destroyed in fire and become unfit for use and they are entitled for remission and the demand is not sustainable. The contention is that the Hon ble High Court of Karnataka in the case of CC, Bangalore v. Sami Labs Ltd. - 2012 (278) E.L.T. 601 (K ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d the value of goods excluding the duty portion and received insurance claim of more than Rs. 3 crores as per the certificate given by the insurance company. 5. In this case the goods were destroyed in fire which were in the private bonded warehouse. 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... account the facts and circumstances of the case, the applicants are directed to deposit total amount of Rs. 20 lakhs (Rupees twenty lakhs) within a period of eight weeks. On deposit of the aforesaid amount, pre-deposit of the remaining dues is waived and recovery thereof is stayed during the pendency of the appeals. 6. Compliance is to be reported on 17-12-2013. (Dictated in Court) - - T ..... X X X X Extracts X X X X X X X X Extracts X X X X
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