2007 (5) TMI 497 - AT - Central Excise

Remission of duty - rejection on the ground that the goods have already left the factory and the destruction of the goods has not taken place within the factory - Held that - the goods had gone to the job workers premises and the same were removed under bond to the assessee s factory for further processing - the destruction of the goods is deemed to have taken place within the factory - appeal allowed - decided in favor of appellant.

Summary

Issues:
1. Rejection of plea for remission of duty on instant coffee powder destroyed in transit from job worker's premises to appellant's factory.
2. Interpretation of whether destruction of goods under bond during transit constitutes destruction within the factory.

Analysis:
1. The appeal stemmed from the rejection of the appellant's plea for remission of duty on instant coffee powder destroyed while being transported from the job worker's premises to the appellant's factory under bond. The Commissioner denied the remission, stating that as the goods had left the factory and the destruction did not occur within the factory premises, the plea was not valid.

2. The appellant's counsel argued that the removal of goods from the job worker's premises under bond to the appellant's factory should be deemed as destruction within the factory. The counsel cited eleven judgments supporting this interpretation, emphasizing that the goods were intended to return to the appellant's factory for further processing and eventual export.

3. The Departmental Representative (DR) reiterated the department's position and previous rulings. However, upon careful consideration, the Tribunal observed that the Commissioner relied on two judgments that did not align with the circumstances of the present case. In those cases, goods were finally removed from the factory after duty discharge, unlike the current scenario where the goods were in transit from the job worker's premises to the appellant's factory for further processing.

4. The Tribunal, in line with the judgments cited by the appellant's counsel, concluded that the destruction of the goods should be deemed to have occurred within the factory during transit. Therefore, the impugned order was set aside, and the appeal was allowed, with the possibility of consequential relief as deemed appropriate.

5. The decision was pronounced and dictated in open court, highlighting the Tribunal's reliance on legal precedents to determine the interpretation of destruction within the factory concerning goods in transit under bond.