2002 (10) TMI 159 - AT - Central Excise

Summary

Issues:
- Appeal against rejection of remission application for stolen goods by Commissioner of Central Excise

Analysis:
1. The appellants reported a theft in their factory on 15/16 October 1998 to the police, insurer, and Central Excise authorities. They filed an application for remission of duty amounting to Rs. 50,030/- for the stolen goods. The Commissioner rejected the remission application, stating there was no proof of the exact quantity of stolen goods and that the theft could have been avoided by taking proper precautions.

2. The appellants argued that the theft was unforeseeable, likening it to an unavoidable accident, citing the assassination of Mrs. Indira Gandhi. The Commissioner relied on the Tribunal's decision in a previous case and certain Board instructions to deny the remission application. The appellants contested this decision, asserting that the theft was fully established and certified by competent authorities, entitling them to remission.

3. The Departmental Representative referred to the verification report by the Superintendent of Central Excise, which indicated a quantity of 775 Kgs. of stolen goods. However, the whereabouts of this report were not provided. The appellants later submitted a letter detailing the quantities of stolen materials, totaling over 500 Kgs., along with a statement showing the duty leviable on the stolen goods.

4. Upon review, the Commissioner's erroneous observation of 775 Kgs. stolen goods was corrected to a little over 500 Kgs. The Tribunal found that the theft was an unavoidable accident under Rule 49 of the Central Excise Rules, 1944. The theft, committed by the securityman, was deemed unforeseeable by the appellants, constituting an unavoidable accident. The Commissioner's decision was set aside, directing a fresh adjudication of the remission application, considering the theft as an unavoidable accident and providing the appellants with a reasonable opportunity to be heard. The appeal was allowed by way of remand.