2017 (12) TMI 215 - AT - Central Excise

Remission of duty - molasses stored in tank was burnt due to explosion - Held that - there was a fire and molasses was burnt. But no supporting evidence has been given regarding the availability of the molasses of 1400 MTs in the said tank - also there is a delay on the part of the appellant in taking the necessary steps like information to the Police, Central Excise department and insurance companies - keeping in mind the doctrine of equity, justice and good conscious, the claim of the appellant for remission of duty is confined to only ₹ 5 lakhs - penalties set aside - appeal allowed in part.

Summary

Issues:
Claim for remission of duty on molasses destroyed in a fire incident.

Analysis:
The appeal was filed against Order-in-Original No.08/2017 dated 19/20.1.2017, concerning the remission of duty on molasses destroyed in a fire incident at the appellant's factory premises. The appellant, engaged in sugar and molasses manufacturing, claimed remission for 1400 MTs of molasses stored in Tank No.23, which was completely burnt in a fire that lasted from 1.7.2014 to the next day afternoon. The adjudicating authority rejected the claim citing reasons such as delay in lodging the FIR and discrepancies in the estimated loss amount. The appellant contended that the molasses were burnt due to a fire, supported by a visit from the Range officer who verified the stock of molasses before two independent witnesses. The insurance claim was denied due to technical grounds, as the policy did not cover losses from explosions. The Tribunal acknowledged the fire incident but noted the lack of evidence supporting the availability of 1400 MTs of molasses in the tank. The delay in informing relevant authorities and the insurance company was also highlighted. Despite confirming the fire incident, the Tribunal limited the remission to ?5 lakhs, considering the circumstances and principles of equity, justice, and good conscience. No penalties were imposed due to the peculiar circumstances of the case. Ultimately, the appeal was partly allowed, and penalties were canceled.

This judgment addressed the issue of remission of duty on molasses destroyed in a fire incident at the appellant's factory premises. The Tribunal considered the evidence presented, including the Range officer's verification of the burnt molasses and the insurance claim denial based on policy limitations. While acknowledging the fire incident, the Tribunal found insufficient proof of the claimed 1400 MTs of molasses in the tank. The delay in informing authorities and discrepancies in the claim amount were also noted. Despite recognizing the fire and burnt molasses, the Tribunal exercised discretion and granted remission of duty only up to ?5 lakhs, emphasizing equity, justice, and good conscience. Notably, no penalties were imposed due to the specific circumstances of the case. The judgment balanced the factual findings with legal principles to arrive at a decision that partially allowed the appeal and canceled penalties.