2018 (6) TMI 1133 - AT - Central Excise

Remission of duty - there was a delay of 6 days in filing intimation of the accident of fire with the department - Held that - This Tribunal has been consistently holding the view that the delay in filing the intimation of incident of fire cannot be considered as fatal to the right of seeking remission of duty under Rule 21 of Central Excise Rules - It is prudent to remand the matter to the Adjudicating Authority to consider the evidences on record and that would be produced by the appellant in support of the remission application - appeal allowed by way of remand.

Summary

Issues:
- Appeal against OIO passed by Commissioner of CGST and Central Excise, Vadodara-I regarding remission of duty on finished goods destroyed in a fire accident.
- Delay in filing intimation of fire accident with the department.
- Rejection of remission application due to delay in filing and subsequent notice issued to the appellant.
- Possession of relevant evidence to establish the extent of damage and destruction of finished goods and raw materials.
- Interpretation of Rule 21 of Central Excise Rules, 2002 regarding the timeline for filing remission applications.

Analysis:
- The appellant, engaged in manufacturing excisable goods, filed an appeal against the order rejecting their application for remission of duty on finished goods destroyed in a fire accident. The appellant faced a delay in filing the intimation of the fire accident with the department, leading to a show cause notice for recovery of Cenvat credit on raw materials and duty on finished goods destroyed. The Commissioner rejected the remission application citing the delay in filing.
- The appellant argued that despite the delay, necessary intimation was filed with the police, and evidence existed to prove the fire accident and the resulting damages. They contended that the delay should not be grounds for rejection, citing previous tribunal judgments. The appellant sought a remand to submit further evidence supporting their claim.
- The Revenue supported the Adjudicating authority's findings, emphasizing the delay in intimation. However, the Member (Judicial) found the Commissioner's reasoning flawed, noting that evidence like Police Panchnama and reports could ascertain the damages. The Member highlighted tribunal precedents stating that delay in filing the fire incident intimation does not bar seeking remission under Rule 21. Considering the appellant's claim of possessing relevant evidence, the matter was remanded to the Adjudicating Authority for a thorough review.
- The judgment underscores the importance of evidence in establishing damages and rejects the notion of delay as a fatal flaw in seeking remission. It emphasizes the need for a comprehensive review based on available evidence and sets aside the impugned order, allowing the appeal by way of remand for further consideration. The decision aligns with principles of justice and evidentiary support in remission applications, emphasizing the need for a fair assessment based on the facts presented.