9911796707
TMI Blog2011 (5) TMI 766X X X X Extracts X X X X X X X X Extracts X X X X ..... bsp; therefore, the raw material, work-in-progress/semi finished goods and finished goods were lost in flood. The appellants filed a claim which was settled by the Insurance Company by deducting the Central Excise duty element. Thereafter, the appellants filed a claim for remission of duty on work-in-progress/semi finished goods and finished goods, which was denied. Against the said order, the appellants are in appeal. 3. The learned Advocate for the appellants submits that Rule 21 of the Central Excise Rules, 2002 deals with the remission of duty on goods including finished goods as well as semi finished goods/work-in-progress goods. He further submitted that remission of duty is permissible as per the decision of the Larger ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ork etc. 'any inputs received in a factory may be removed as such or after being partially processed to a job worker for further processing, testing, repair, re-conditioning or any other purpose to the fulfillment of conditions specified in this behalf by the Commissioner of Central Excise having jurisdiction. Rule 16B :- Special procedure for removal of semi-finished goods for certain purposes' The Commissioner of Central Excise may by special order and subject to condition as may be specified by the Commissioner of Central Excise, permit a manufacturer to remove excisable goods which are in the nature of semi-finished goods, for carrying out certain manufacturing processes to some other premises and to be ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n-progress goods which lost in flood. In the case of Grasim Industries (supra), the Larger Bench of this Tribunal has dealt with the issue and held that the assessee is entitled for remission of duty and also not required to reverse the credit taken on inputs which has gone in manufacturing of final goods as well as semi finished goods. Therefore, the decision in the case of Hindustan Coco Cola relied on by the learned DR is not relevant as the same was passed by this Tribunal before the decision of the Larger Bench of this Tribunal in the case of Grasim Industries (supra). I have also gone through the decision in the case of Albright & Wilson Chemical India Ltd. vs. Commissioner of Central Excise, Thane as reported in wherein the Tri ..... X X X X Extracts X X X X X X X X Extracts X X X X
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