2008 (5) TMI 169 - AT - Central Excise

Remission of duty packed bottles of hair oil damaged during flood said packed bottles were cut open and whatever part of the oil could be saved, was saved and then cleared on payment of duty - it stands admitted that the bottles in packed condition were not cleared from the factory and damaged oil & cut plastic was cleared as waste - Merely because the appellants salvaged some oil and sold the same as waste oil should not be made the basis for denial of remission

Summary

Issues:
1. Rejection of remission of duty application based on damage caused by a natural disaster.
2. Dispute over salvaging damaged goods and eligibility for duty remission.
3. Interpretation of remission rules in cases where goods are partially salvaged.
4. Justifiability of Revenue's decision to reject remission application.

Analysis:
1. The Commissioner rejected the appellant's remission application for duty following heavy flood damage to stock, citing that the goods were salvaged and hence not eligible for remission. The appellant provided stock details and an insurance survey report, reversing Modvat credit as well. The Tribunal found the rejection unjustified, emphasizing that the damaged goods were not fully cleared from the factory, warranting remission.

2. The appellant informed the Department that damaged hair oil could not be sold in its original condition, necessitating breaking open of plastic bottles to salvage the oil for sale at a reduced price. The salvaged oil and plastic waste would be cleared on payment of duty. The Commissioner rejected the application, arguing that salvaging the goods precluded remission. However, the Tribunal disagreed, noting that salvaging some oil did not negate the damage suffered by the fully packed bottles.

3. The Commissioner's decision was based on the belief that salvaging goods disqualified them from remission, as the salvaged oil and plastic waste were cleared separately. The Tribunal refuted this reasoning, highlighting that salvaging a portion of the oil did not eliminate the damage to the packed bottles, which were not fully cleared from the factory. Consequently, the refusal to grant remission would lead to double duty payment on the salvaged goods.

4. After considering both sides, the Tribunal found no valid grounds for the Revenue's rejection of the remission application. It clarified that the salvaging of some oil did not diminish the damage suffered by the packed bottles during the flood. The Tribunal overturned the Commissioner's decision, allowing the appeal and granting consequential relief to the appellants, emphasizing the unjustness of denying remission based on salvaging efforts.

This detailed analysis of the judgment highlights the key issues surrounding the rejection of the remission application and the Tribunal's rationale for overturning the decision based on the interpretation of salvaged goods and the eligibility for duty remission in such cases.