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2018 (2) TMI 889

Remission of duty - rule 21 of Central Excise Rules, 2002 - Held that: - Hon’ble High Court of Punjab & Haryana in Barodia Plastics Pvt Ltd v. Commissioner of Central Excise [2015 (7) TMI 667 - PUNJAB AND HARYANA HIGH COURT], where it was held that A perusal of the Tribunal's order reveals a consideration which is neither logical nor founded in law as insurance companies do not provide insurance a .....

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0. Of this stock, goods valued at ₹ 74,23,404 (involving duty of ₹ 6,11,688) had been seized under the provisions of law on 24th November 2009. As far as the procedure was concerned, the claim was found to be in order; the competent authority, however, required the appellant to furnish a copy of the surveyor s report as well as details of the insurance settlement. 2. Holding that the a .....

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mponent. Drawing attention to the order 5. The appellant approached the Commissioner, Central Excise for remission of duty on the ground that his plant, machinery, stock, goods in process of manufacturing and manufactured goods have been destroyed in an accidental fire. In support of plea, the appellant placed reliance upon the FIR, a letter received from the insurance company accepting claim or o .....

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entral Board of Excise & Customs, in circular no.650/41/2002-CX dated 7th August 2002, mandated the ascertainment of exclusion of duty on inputs in the insurance claimed by a manufacturer seeking remission of duty on goods that had been destroyed. This argument does not find favour as the competent authority has neither referred to this circular nor found it necessary to examine availment of C .....

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