2007 (7) TMI 85 - AT - Central Excise

EOU - Department contended that appellant is not entitle for remission of duty on the ground that loss having occurred after removal from the factory - After considering the fact matter remanded to AO for reconsideration

Summary

Issues:
1. Remission of duty under Rule 21 of the Central Excise Rules, 2002 for lost goods.
2. Consideration of concessional rate of duty for goods lost in the Domestic Tariff Area (DTA).

Issue 1: Remission of duty under Rule 21 of the Central Excise Rules, 2002 for lost goods:

The appellant, a 100% EOU, exported chemicals but faced a loss of 6,124.18 ltrs valued at Rs. 7,89,674 involving duty of Rs. 4,01,154. The Original Authority rejected the remission request, which was upheld by the Commissioner (Appeals). The appellant argued for remission due to unavoidable circumstances. The Tribunal analyzed Rule 21, stating that duty can be remitted if goods are lost by natural causes or unavoidable accident before removal. As the goods were already cleared from the factory and the loss occurred post-clearance, remission was denied. However, the Tribunal acknowledged the plea for concessional duty rate for lost goods not exported, suggesting treating the loss as clearance in DTA. The Tribunal set aside the Commissioner's order, remanding the matter to consider exemption under Notification No. 23/2003-C.E. for the loss.

Issue 2: Consideration of concessional rate of duty for goods lost in the Domestic Tariff Area (DTA):

The Tribunal deliberated on whether goods lost in DTA should be eligible for a concessional duty rate. Despite denying remission due to post-clearance loss, the Tribunal recognized the need to treat lost goods similarly to goods cleared in DTA. It emphasized that goods cleared commercially in the domestic area should not receive preferential tax treatment compared to goods lost or damaged due to accidents. Consequently, the Tribunal set aside the Commissioner's decision and instructed the Original Authority to assess the eligibility for exemption under Notification No. 23/2003-C.E. for the lost goods, subject to fulfilling other notification conditions.

This judgment from the Appellate Tribunal CESTAT, Ahmedabad addressed the issues of remission of duty for lost goods under Rule 21 of the Central Excise Rules, 2002 and the consideration of a concessional duty rate for goods lost in the Domestic Tariff Area. The Tribunal denied remission due to post-clearance loss but directed the authorities to treat the loss as equivalent to clearance in DTA and assess eligibility for exemption under Notification No. 23/2003-C.E. for the lost goods.