TMI Blog2017 (11) TMI 720X X X X Extracts X X X X X X X X Extracts X X X X ..... idence recorded a finding of fact to confine the claim made by the assessee to the extent of value of goods destroyed as per the insurance claim. In the absence of any other finding of further loss of any other goods, there is no error in the findings recorded by the Tribunal - appeal allowed - decided in favor of assessee. - Central Excise Appeal No. 309 of 2010 - - - Dated:- 2-3-2017 - Bharat ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e was a fire accident at the factory premises of the appellants on 25-10-1995. The party claimed damage of certain quantity of goods in the fire. There is no dispute that there was fire accident and there was damage of goods which were destroyed. The dispute relates to the quantum of the goods which were destroyed and the consequential remission of duty to which the assessee was entitled. 4. Th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e party has not been able to establish/prove before the Insurance Company, the claimed loss of the remaining stock of 25,700 kgs. of PU foam, if at all lost in the fire accident dated 25-10-1995. And ₹ 12,90,933/- have already been sanctioned by the Insurance Company on 12159.80 kgs. of the stock verified/accepted as lost in the Fire accident, against the total of 37859.80 kgs. claimed by th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ss suffered by him. However, the assessee had thereafter made a claim to the Insurance Company which had been subsequently accepted in the course of the adjudicating proceedings itself. As such, we are not impressed by the fact that in the report submitted at the initial stage certain figures of goods were recorded by the Central Excise Authority. 8. The above concession made by the assessee in ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
