2016 (1) TMI 1148 - AT - Central Excise

Remission of duty - Reversal of Cenvat credit - loss by storm - Registration surrendered online - Held that - the revenue have not disputed the event of storm on 17/4/11. Secondly, the loss by storm have been surveyed by National Insurance Company through their surveyors and thus the details of loss have been verified and are unavailable on record - the remission claim under Rule 21 cannot be rejected only on the ground that the appellant have approached the revenue after much delay of about 20 months The revenue had some information about disturbance by storm in the appellant s unit, resulting into disruption of production et cetera - the revenue had some information about disturbance by storm in the appellant s unit, resulting into disruption of production et cetera - Appeal allowed by way of remand.

Summary

Issues:
Appeal against rejection of claim for remission of duty due to loss caused by storm, delay in filing the claim, availability of evidence, applicability of Rule 21 for remission claim.

Analysis:
The Appellant, a manufacturer of bonded sheet and form sheets, filed an appeal against the rejection of their claim for remission of duty after a storm caused damage to their plant and machinery, stock of raw materials, work in progress, and finished goods. The Appellant had applied for cancellation of the registration certificate due to the loss. The Revenue issued a show cause notice requiring payment of tax liability on stock and reversal of Cenvat credit. The claim for waiver of duty and reversal of credit was rejected due to delay in informing the Revenue and failure to follow due procedure. The order-in-original rejected the claim, citing lack of jurisdictional Excise officer's report or FIR copy, negligence, and failure to inform the authority promptly after the loss. The Commissioner (Appeals) upheld the rejection, citing lack of evidence and negligence by the Appellant.

The Appellant contended that the factory's total destruction led to the claim rejection on technical grounds, emphasizing the need for verification supported by the insurance company's survey report and audited balance sheet. The Appellant argued that the delay in filing the claim was due to the loss's impact, and the Revenue was aware of the loss evidence. The Revenue opposed the claim, citing the delay in approaching them and relied on a previous ruling denying remission for lack of intimation and report submission.

The Tribunal noted the storm event, verification by the insurance company, and availability of balance sheets and records. It held that the delay alone cannot warrant claim rejection, especially since the Revenue had prior knowledge of the storm's impact. The matter was remanded to the adjudicating authority for determining the claim quantum based on available evidence. The Appellant was directed to appear with supporting documents within 8 weeks, and the authority was instructed to decide on the remission claim within 4 months.

In conclusion, the appeal was allowed by way of remand, emphasizing the need for proper assessment of the remission claim in accordance with the law and supporting evidence provided by the Appellant.