9911796707
TMI Blog2008 (12) TMI 504X X X X Extracts X X X X X X X X Extracts X X X X ..... Negi, DR, for the Respondent. [Order per : P.G. Chacko, Member (J)]. This application is for waiver of pre-deposit and stay of recovery in respect of an amount of over Rs. 1.12 Crores demanded by the Commissioner. Towards this demand, an amount of Rs. 15 lakhs has already been paid by the party. After examining the records, we find that the appellants, a 100% EOU, have procured, duty-fre ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e raw-materials destroyed in the above accident. The demand was contested by the party by stating that they were otherwise eligible for remission of such duty under the relevant provisions, which were cited as Rule 21 of the Central Excise Rules 2002 in respect of duty of Excise and Section 23 of the Customs Act in respect of duty of Customs. The ld. Commissioner, in his order of adjudication, agr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... urpose, the manufacturer shall be liable to pay an amount equal to the difference between the duty leviable and that already paid, along with interest. There is an explanation to this Rule, which says that the goods lost or destroyed by natural causes or by unavoidable accidents during transport from the place of procurement to the manufacturer s premises or from the manufacturer s premises to t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t Rules, were also a part of the Insurance claim. It is on record that the appellants have already collected the compensation disbursed by the Insurance company. After considering the submissions of both sides, we have found valid reasons in the impugned order in support of the demand of duty. We have not found prima facie case for the appellants. They have already deposited Rs. 15 lakhs. We direc ..... X X X X Extracts X X X X X X X X Extracts X X X X
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