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2009 (10) TMI 740 - AT - Central Excise
Issues involved: Condonation of delay in filing appeal, Stay application, Rejection of remission application, Reversal of Cenvat credit, Calculation error in duty amount.
Condonation of delay in filing appeal: The appellants sought condonation of delay of 40 days in filing the appeal due to difficulties faced with consultants. The Bench, after reviewing the application, condoned the delay as a fit case for the same. Stay application: The impugned order did not confirm any demand against the appellant, rendering the stay application infractuous. With consent from both sides, the appeal was taken up for final disposal due to the short and covered nature of the issue. Rejection of remission application: The Commissioner rejected the remission application citing late submission of intimation about a fire accident and failure to file for condonation of delay. The appellant argued for remission of duty on the final product, not on inputs, and referenced Tribunal decisions supporting their claim. The Tribunal upheld the appellant's eligibility for remission of duty on the finished goods destroyed in the fire accident. Reversal of Cenvat credit: The Revenue contended that the remission claim should be rejected solely based on the late filing of the application. The Tribunal disagreed, citing Tribunal decisions that delay in filing application cannot be a ground for rejection when loss is undisputed. The Tribunal also addressed the issue of not reversing the Cenvat credit on inputs, ultimately allowing the remission claim for the duty involved in the finished product. Calculation error in duty amount: A discrepancy in the calculation of duty amount for the destroyed finished goods was noted. Despite this, the Tribunal agreed with the appellant's claim for remission of duty amounting to Rs. 1,11,862, which was allowed without remanding the matter for fresh adjudication. In conclusion, the appeal was allowed with consequential relief to the appellant, resolving the issues raised in the case.
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