2007 (1) TMI 387 - AT - Central Excise

Summary

Issues:
- Appeal against Commissioner's order denying remission of excise duty on goods destroyed in fire after clearance and payment of duty.

Analysis:
1. Background: The appellant appealed against the Commissioner's order dated 23-6-2004, denying remission of excise duty on goods destroyed in a fire after clearance and payment of duty intended for export. The appellant claimed that since the goods were destroyed, remission of duty should be granted under Rule 21 of the Central Excise Rules, 2002.

2. Arguments: The appellant contended that another party in a similar situation was granted remission by the same Commissioner when their goods were destroyed by the same fire. However, the Departmental Representative argued that the previous case involved goods cleared without payment of duty and under bond at the time of destruction, making it distinguishable from the current scenario.

3. Legal Provision: The Tribunal examined Rule 21 of the Central Excise Rules, 2002, which allows remission of duty if goods are lost or destroyed by natural causes or unavoidable accident before removal, subject to the Commissioner's satisfaction and conditions imposed in writing.

4. Decision: The Tribunal upheld the Commissioner's decision, stating that since the goods had already been cleared from the factory after duty payment, the criteria for remission under Rule 21 were not met. The Tribunal found no valid grounds to interfere with the Commissioner's order and consequently rejected the appeal.

5. Conclusion: The judgment clarifies that remission of duty under Rule 21 is applicable only when goods are lost or destroyed before removal, not after clearance and payment of duty. The decision highlights the importance of meeting specific legal criteria for seeking remission and upholds the Commissioner's discretion in such matters.