2014 (1) TMI 1339 - HC - Central Excise

Condonation of storage loss and remission of excise duty leviable on 895 quintals of sugar - Remission of duty amount - Demand the duty of 895 quintals of sugar, which was found as storage lost - Held that - Present case is one where storage loss was detected. The respondent never informed about storage loss. It has been noted in the order that on sufficient reasons storage loss upto 0.5% is condonable. It has been further noted by the Commissioner that the storage loss of 598 quintals, which is to the extent of 17% beyond the permissible limit of 0.5 is not condonable - remission of Central Excise duty could not have been allowed in view of non-disputed fact that storage loss was of 895 quintals - Decided in favour of Revenue.

Summary

Issues:
1. Remission of Central Excise Duty despite storage loss.
2. Justification of remission of Central Excise Duty without satisfactory reasons for storage loss.

Issue 1: Remission of Central Excise Duty despite storage loss

The appellant, the Commissioner of Central Excise, filed an appeal under Section 35G(1) of the Central Excise Act, 1944, against a judgment and order dated 4.9.2008. The case involved a demand for duty on 895 quintals of sugar due to storage loss. The respondent applied for condonation of storage loss and remission of excise duty. The Commissioner initially disallowed the claim for remission, confirming the duty already deposited. The respondent appealed to the Customs Excise and Tax Appellate Tribunal, which allowed the appeal based on a previous judgment. The Tribunal held that the demand for duty was not sustainable as there was no evidence of non-accountal or illicit clearance of sugar and molasses obtained after reprocessing. However, the judgment relied upon by the Tribunal was found to be inapplicable to the present case, as it did not involve storage loss or a claim for remission of duty. The Commissioner noted that storage loss beyond the permissible limit was not condonable, leading to the conclusion that remission of duty could not be allowed due to the undisputed storage loss of 895 quintals.

Issue 2: Justification of remission of Central Excise Duty without satisfactory reasons for storage loss

The Tribunal's decision to allow remission of Central Excise Duty was based on the absence of evidence showing non-accountal or illicit clearance of sugar and molasses after reprocessing. However, the Commissioner highlighted that the case in question involved storage loss, which was not disclosed by the respondent. The Commissioner noted that while storage loss up to 0.5% could be condoned for sufficient reasons, the 17% storage loss of 895 quintals in this case was beyond the permissible limit and thus not condonable. The High Court, after considering the arguments and facts presented, concluded that the remission of Central Excise duty could not be justified given the substantial storage loss of 895 quintals. Consequently, the High Court set aside the Tribunal's order dated 4.9.2008, ruling in favor of the appellant Commissioner of Central Excise.

In conclusion, the High Court's judgment addressed the issues of remission of Central Excise Duty despite storage loss and the justification for allowing such remission without satisfactory reasons for the loss. The decision emphasized the importance of adhering to permissible limits for storage loss and concluded that remission of duty could not be granted in the presence of significant, undisputed storage loss.