2015 (7) TMI 667

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..... ded in law as insurance companies do not provide insurance against payment of taxes much less payment of Excise duty. The finding recorded by the Tribunal that the appellant has not proved that the insurance claim does not include Excise duty, is in our considered opinion perverse and, therefore, could not form the basis for dismissing the appeal. The appellant having placed the letter issued by t .....

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..... m CEA No. 79 of 2013. 2. Counsel for the appellant submits that as admittedly there was a fire in the appellant s factory leading to destruction of plant, machinery, raw material, material in process of manufacturing and finished goods, the appellant lodged an FIR as well as filed a claim before the insurance company. The appellant also filed an application for remission from payment of Excise .....

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..... relevant material to prove an accidental fire and the insurance claim has been accepted by the insurance company, the Tribunal may be directed to re-examine the letter and other material that proves loss on account of an accidental fire. 3. Counsel for the respondent is not in a position to deny that the insurance claim was accepted by the insurance company but states that it was for the appel .....

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..... d the appeal by holding as follows :- 5. I have considered the rival submissions and have perused the records. One of the basic requirement for permitting remission of duty on the finished goods lost in some accident is that the insurance claim amount received from the insurance company for the goods lost does not include the element of duty. I find that in this regard, the insurance company s .....

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..... by the Tribunal that the appellant has not proved that the insurance claim does not include Excise duty, is in our considered opinion perverse and, therefore, could not form the basis for dismissing the appeal. The appellant having placed the letter issued by the insurance company before the Tribunal and having filed relevant documents before this Court, it would be appropriate and in the interest .....

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