2009 (6) TMI 910 - AT - Central Excise

Permission of storing the goods outside factory premises - Held that - The shortage of space is one of the reasons which may be a guiding factor for seeking permission to store the goods outside the factory premises under Rule 4(4) of the Central Excise Rules, 2002. It is also to be noted that no assessee would like to store his goods outside the factory premises, as, such storing of the goods outside the factory premises is open to many vagaries of nature including theft, pilferage, etc. If the assessee applies for such permission, he must be doing it so under compelling situation. In our opinion, the learned Commissioner should consider such compelling reasons before coming to any conclusion - appeal allowed by way of remand.

Summary

Issues:
Permission to store non-duty paid goods outside the factory premises under Rule 4(4) of the Central Excise Rules, 2002.

Analysis:
The appeal was against the rejection of the request to store non-duty paid goods outside the factory premises. The applicant sought permission due to space shortage in the current manufacturing premises. The rejection was based on the lack of exceptional circumstances for invoking Rule 4(4) of the Central Excise Rules, 2002. The Commissioner emphasized the need for unforeseen and temporary circumstances to grant such permission, citing examples like flooding or large orders. The Commissioner found the applicant's circumstances to be normal and not exceptional, as admitted by the applicant. Additionally, the applicant had already started storing goods in another premises without permission, showing disregard for the law.

The Tribunal noted that both the applicant and the Revenue acknowledged the space shortage. While Rule 4(4) covers exceptional and unforeseen circumstances, the Tribunal highlighted a circular directing consideration of permission to store goods outside the factory as an extension of factory premises. The Tribunal emphasized that space shortage could be a valid reason for seeking such permission, considering the risks of storing goods outside, such as theft. The Tribunal opined that the Commissioner should have taken compelling reasons into account before rejecting the request.

Consequently, the impugned order was set aside, and the matter was remitted to the Commissioner for reconsideration after providing the appellants with a personal hearing. The appeal was disposed of accordingly.