2014 (8) TMI 699 - AT - Central Excise

CENVAT Credit - Remission of duty - Loss of goods in dacoity - Held that - There is no dispute that the goods in respect of which the remission of duty is being claimed are reported to have been lost on account of dacoity, which is claimed to have taken place in the night on 24-25th July, 2004. Though the appellant had lodged an FIR with the police authorities, the police authorities in their report have reported that the FIR was lodged on false grounds and that no dacoity had taken place. Keeping this fact in view, the Commissioner had rejected the appellant s application for remission of duty filed under Rule 21 of the Central Excise Rules, 2002. Moreover, even if this is treated as a case of dacoity, the remission of duty cannot be allowed in view of Larger Bench judgment in the case of Gupta Metal Sheets vs. CCE, Gurgaon (2008 (10) TMI 60 - CESTAT NEW DELHI). Since, the remission of duty on the goods claimed to have been lost is not admissible and for this reason only, the Commissioner had rejected the appellant s claim for remission of duty, the duty demand has been correctly confirmed against the appellant and in the circumstances of the case, penalty has also been correctly imposed - Decided against assessee.

Summary

Issues:
1. Duty/Cenvat credit demand on finished goods and raw materials reported missing due to dacoity.
2. Rejection of remission application for duty on goods lost in dacoity.
3. Confirmation of duty demand, interest, and penalty by Additional Commissioner.
4. Upholding of Additional Commissioner's order by Commissioner (Appeals).
5. Ex-parte decision due to appellant's non-appearance and conduct.
6. Defense of impugned order based on Tribunal's judgment in Gupta Metal Sheets case.
7. Dispute regarding remission of duty in cases of theft or dacoity.

Analysis:
1. The appellant, a manufacturer of Filter Tipped Cigarettes, reported a dacoity resulting in the loss of machinery, raw materials, and finished goods. Central Excise officers conducted a stock taking, revealing a duty/Cenvat credit shortfall of Rs. 31,86,631. A show cause notice was issued for recovery, and a remission application for duty was rejected. The Additional Commissioner confirmed the duty demand, interest under Section 11AB, and imposed a penalty of Rs. 2,00,000 under Rule 25 of the Central Excise Rules, 2002.

2. The rejection of the remission application was based on the Commissioner's findings that the police report indicated a false dacoity claim. The Commissioner (Appeals) upheld this decision, leading to the filing of the present appeal. The appellant failed to appear for the hearing, and the appeal was decided ex-parte as per Rule 21 of the CESTAT Procedure Rule.

3. The defense of the impugned order relied on the Tribunal's Larger Bench judgment in the Gupta Metal Sheets case, which stated that remission of duty is not permissible in cases of theft or dacoity as they do not constitute natural causes or unavoidable accidents. The appellant's claim for remission was deemed inadmissible due to the disputed occurrence of the dacoity and the legal precedent cited.

4. The Tribunal found no merit in the appeal, as the goods' loss was disputed, the remission claim was rejected based on the police report, and the Larger Bench judgment precluded remission in theft or dacoity cases. Consequently, the duty demand confirmation and penalty imposition were upheld, leading to the rejection of the appeal.