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2010 (1) TMI 1017 - AT - Central Excise
Issues:
1. Appeal against rejection of remission of duty on molasses stored in Kachha Pit without permission. 2. Interpretation of Board Circulars regarding storage of molasses in Kachha Pit. 3. Application of Rule 21 of Central Excise Rules for remission of duty. 4. Justifiability of remission claim based on natural causes. Analysis: Issue 1: The appellant appealed against the rejection of their remission application for duty on molasses stored in Kachha Pit without permission. The Commissioner rejected the application citing non-compliance with Circulars and lack of preventive measures against deterioration. Issue 2: The appellant argued that the storage of molasses in Kachha Pit was in accordance with Board Circulars, even though permission was not obtained from the competent authority. They claimed that the refusal by the U.P. Excise Department to permit sale of below-grade molasses led to its storage in the pit for over 20 years. Issue 3: The Tribunal considered Rule 21 of Central Excise Rules, which allows remission of duty only in cases of natural causes or unavoidable accidents. The Commissioner rejected the remission application as there was no evidence of preventive measures taken by the appellant to avoid the loss of molasses. Issue 4: The Tribunal noted that the molasses had been stored in open Kachha Pit without necessary precautions, leading to its deterioration. Despite the withdrawal of the Circular permitting such storage, the appellant continued to store the molasses, justifying the rejection of the remission application based on natural causes. In conclusion, the Tribunal upheld the Commissioner's decision to reject the remission application, highlighting the lack of preventive measures taken by the appellant and the continued storage of molasses in open Kachha Pit despite the withdrawal of relevant Circulars. The appeal was dismissed based on the findings regarding non-compliance with regulations and absence of efforts to prevent the loss of the molasses.
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