2015 (12) TMI 1594 - AT - Central Excise

Remission of duty on raw materials, finished goods and work in progress - loss by fire - Held that - the ld. Commissioner have erred in rejecting the claim on extraneous considerations, in view of the consent to operate granted by the Fire Department . Further, the Fire Department (Competent Authority) have certified that there is no foul play, and fire is due to reasons beyond control. In this view of the matter, we set aside the impugned order so far remission have been denied on semi-finished goods or work in progress and the finished goods. The appellant, it is held, is entitled to remission on loss of finished goods and semi-finished goods - appeal disposed off - decided partly in favor of appellant.

Summary

Issues involved:
Appeal against denial of remission claim arising from loss by fire on raw materials, finished goods, and work in progress.

Detailed Analysis:

1. Denial of Remission Claim:
The appellant, M/s. Sumit Chemicals Pvt. Ltd., appealed against the denial of a remission claim resulting from a fire incident. The fire, caused by a short circuit, led to significant losses in raw materials, finished goods, and work in progress. The appellant informed the authorities promptly about the incident and claimed remission. However, a show cause notice was issued, alleging negligence on the part of the appellant for not following Electricity Safety Rules and failing to provide documentary proof of the loss claimed from an insurance company. The notice proposed to deny remission on the duty involved in the goods destroyed in the fire. The appellant contested the notice, arguing against the allegations of negligence and lack of effort to mitigate the loss.

2. Adjudication and Appeal:
The matter was adjudicated, and the appellant's claim was rejected in totality. The Commissioner found negligence on the appellant's part and appropriated a deposited amount towards reversal of Cenvat credit on raw materials. The appellant challenged these findings, presenting evidence of regular safety certifications from the fire department and prompt actions taken during the fire incident. The appellant also cited precedents where remission claims were allowed in similar circumstances. The appellant sought to set aside the rejection and have the appeal allowed based on the facts presented.

3. Legal Precedents and Arguments:
The appellant relied on previous tribunal rulings and a Supreme Court judgment to support their case for remission. They argued that the fire was accidental, as confirmed by the fire department, and that the insurance claim had been settled. Additionally, they highlighted that the claim for work in progress or semi-finished goods should be allowed as per legal interpretations. The appellant emphasized the absence of dispute on the claim's quantum and requested the rejection to be overturned.

4. Decision and Rationale:
After considering the contentions from both sides, the Tribunal found that the Commissioner erred in rejecting the claim based on extraneous considerations. The Tribunal noted the certification from the Fire Department stating no foul play was involved and that the fire was beyond the appellant's control. Consequently, the impugned order denying remission on semi-finished goods and finished goods was set aside. The Tribunal held that the appellant was entitled to remission for the loss incurred on finished goods and semi-finished goods. The appellant was granted consequential relief as per the law.

In conclusion, the Tribunal ruled in favor of the appellant, allowing the remission claim for finished goods and semi-finished goods, citing the lack of negligence and the uncontrollable nature of the fire incident as key factors in their decision.