9911796707
|
Home
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2006 (5) TMI 228 - AT - Central Excise
Issues:
Appeal against denial of remission of duty on molasses lost in an accident. Analysis: The appellant, a sugar and molasses manufacturer, sought remission of duty on molasses lost due to an accident caused by a truck transporting lime from the factory. The Commissioner rejected the claim, citing the accident as not 'unavoidable' and discrepancies in the timing of the accident. The appellant argued that the accident was beyond their control, emphasizing the lack of negligence on their part. The appellant's counsel contended that the judgment relied upon by the Commissioner was not applicable to the present case. They highlighted that the accident was promptly reported to departmental authorities, who verified it the next day, supporting the unavoidable nature of the accident. The Departmental Representative (DR) argued that the accident resulted from careless driving, indicating it was not unavoidable. However, the appellant asserted that the 'unavoidable' criterion in the rule should apply to the manufacturer's conduct, not every party involved in the accident. They clarified that they could not foresee the truck driver's reckless behavior or the vehicle's mechanical condition. Rule 21 of the Central Excise Rules, 2002 pertains to remission claims by manufacturers, allowing remission for 'unavoidable' accidents. As the accident was not due to the manufacturer's negligence, it should be considered unavoidable. The appellant distinguished the Madras High Court judgment cited by the Commissioner, noting it pertained to theft and lack of care by the manufacturer, which was not applicable in this case. They argued that the discrepancy in accident timing between reports should not negate the claim, as the accident itself was not disputed, and both the Central Excise Officer and FIR confirmed it. The difference in timing was deemed inadvertent errors. Consequently, the appeal was allowed, overturning the previous order and granting any consequential relief to the appellant.
|
