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TMI Blog2010 (8) TMI 349X X X X Extracts X X X X X X X X Extracts X X X X ..... y to examine RG-I record and find out whether the stock was existing before the loss by rain and exist after the loss - In the process if the goods had been cleared, levy of excise duty thereon cannot be ignored - without bringing out to the knowledge of the assessee about the appropriate provision of law for taxability of insurance claim under the Excise Law, the compensation cannot be dutiable. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rther claim is that had the goods totally lost and not marketable, the appellant would have gone for remission of duty. But that is not the circumstance for making a claim in the present case. Entire goods which are the subject matter of dispute were appearing in RG-I Register. The authorities did not examine whether any stock of the goods mentioned in RG-I register had been moved without invoice. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e as the ld. Counsel claims. There is no finding in the orders of the authority below that the goods had pilfered. The goods are claimed by the appellant to be all along existing in the stock record i.e. RG-I Register. Clearances there of have also indicated deduction through that record. All clearances have suffered duty. This only leads a scope to observe that the duty amount received upon sale ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... along lying in the stock but the quality has become inferior for which remission application was not made cannot be brushed aside. 5. It may be exemplified that when a person gets compensation in motor accident claim, those are not brought to income tax as those are not income gained by him. On a similar parlance the authority should examine whether compensation for loss of quality should b ..... X X X X Extracts X X X X X X X X Extracts X X X X
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