9911796707
TMI Blog2011 (5) TMI 766X X X X Extracts X X X X X X X X Extracts X X X X ..... or Respondents Per : Ashok Jindal The appellant is in appeal against the impugned order wherein their claim of remission of duty on finished goods and work-in-progress which were lost/damaged in flood, was denied. 2. The facts of the case are that during the flood in July 2005, the appellant's factory was submerged in water, 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 ar ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e as under:- "Central Excise Rules 2002 differentiates the 'semi-finished goods' from the 'goods in process' in terms of provisions for dealing with these goods which are reproduced as below :- Rule 16A :- Removal of goods for job work 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... . Heard and considered. 6. After hearing both the sides I find that the issue involved in this case is whether the appellants are entitled for the claim of remission of duty on goods as well as work-in-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 ..... X X X X Extracts X X X X X X X X Extracts X X X X
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