Rule 21 - Remission of duty - Central Excise Rules, 2002

21. Remission of duty.- (1) Where it is shown to the satisfaction of the 4 [Principal Commissioner or Commissioner, as the case may be] that goods have been lost or destroyed by natural causes or by unavoidable accident or are claimed by the manufacturer as unfit for consumption or for marketing, at any time before removal, he may remit the duty payable on such goods, subject to such conditions as may be imposed by him by order in writing: Provided that where such duty does not exceed 1 [ten thousand rupees], the provisions of this rule shall have effect as if for the expression 4 [Principal Commissioner or Commissioner, as the case may be] , the expression Superintendent of Central Excise has been substituted: Provided further that where such duty exceeds 1 [ten thousand rupees] but does not exceed 2 [one lakh rupees], the provisions of this rule shall have effect as if for the expression 4 [Principal Commissioner or Commissioner, as the case may be] , the expression Assistant Commissioner of Central Excise or the Deputy Commissioner of Central Excise, as the case may be, has been substituted: Provided also that where such duty exceeds 2 [one lakh rupees] but does not exceed 3 [five lakh rupees], the provisions of this rule shall have effect as if for the expression 4 [Principal Commissioner or Commissioner, as the case may be] , the expression Joint Commissioner of Central Excise or Additional Commissioner of Central Excise, as the case may be has been substituted. 5 [(2) The authority referred to in sub-rule (1) shall, within a period of three months from the date of receipt of an application, decide the remission of duty: Provided that the period specified in this sub-rule may, on sufficient cause being shown and reasons to be recorded in writing, be extended by an authority next higher than the authority before whom the application for remission of duty is pending, for a further period not exceeding six months.] *************************** Notes : 1. For the words, one thousand rupees, the words, ten thousand rupees has been substituted. vide Notification No. 8/2007CE (NT) dated 1/3/2007 2. for the words, two thousand five hundred rupees, the words,one lakh rupees has been substituted; vide Notification No. 8/2007CE (NT) dated 1/3/2007 3. (In the third proviso, for the words, five thousand rupees, the words, five lakh rupees has been substituted; vide Notification No. 8/2007CE (NT) dated 1/3/2007 4. Substituted vide Not. 23/2014 - Dated 6-8-2014. 5. Rule 21 is Re-numbered as sub-rule (1) thereof, and after sub-rule (1) as so re-numbered, sub-rule (2) shall be inserted vide Not. 5/2017 - Dated 2-2-2017