2008 (4) TMI 613 - AT - Central Excise

Summary

Issues:
Appeal against rejection of application for remission of duty due to fire accident in factory.

Details:
The Appellant, engaged in manufacturing Safety Helmets, applied for remission of duty on finished goods destroyed by fire caused by electric short circuit in the factory. The Commissioner rejected the application.

The Appellant's Advocate referred to the Insurance Report showing the insurance claim excluding duty on the destroyed goods. Citing various Tribunal decisions, the Advocate argued for remission.

The Revenue's representative supported the Commissioner's findings, stating the Appellant failed to prevent the fire accident and did not prove it was unavoidable. Referring to court and Tribunal decisions, the Revenue argued against remission.

After reviewing the records, it was noted that the excisable goods were destroyed in the fire accident. The Commissioner denied remission, attributing negligence to the Appellant for storing inflammable material near the transformer. The Surveyor's report highlighted management failure in fire prevention.

The Surveyor's report indicated steps were taken to prevent destruction, and the Appellant's actions post-accident were commendable. The Insurance Company accepted the claim, and precedent cases supported remission for unavoidable accidents.

The Tribunal found no evidence of deliberate action by the Appellant causing the fire. The Appellant's evidence, including the Surveyor's report and F.I.R., established an unavoidable accident, leading to setting aside the Commissioner's order and allowing the appeal.