9911796707
TMI Blog2015 (10) TMI 102X X X X Extracts X X X X X X X X Extracts X X X X ..... -2006 resulting into loss of raw materials, stock of work-in-progress and finished goods, which was informed to the Revenue by the appellant on 1-5-2006. Vide letter dated 5-5-2006, the Revenue asked the details of the loss, which was filed some time in December, 2006. A show cause notice dated 16-3-2007 was issued alleging that the appellant, in spite of request by the Revenue, have not filed the details of insurance claim. It was further noticed that the appellant by letters filed to the Revenue in December, 2006 and in December, 2007 have submitted the details of finished goods, raw materials, work in progress lost in fire. The appellant had applied for remission of duty on all finished goods destroyed in the fire including raw materials ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... iginal confirmed. Being aggrieved the appellant has preferred this appeal before this Tribunal. 3. The Counsel for the appellant urges that dispute is with regard to non-allowing of remission of duty on raw materials and packing materials which were lying in the store and not issued for production wherein the Cenvat credit and Cess involved was Rs. 7,42,890/- and Rs. 7,79,402/- respectively. Further, the Cenvat credit involved on WIP and raw material amounted with Cess Rs. 3,11,975/-, and on the input intermediate, the total amount of Cenvat credit is Rs. 4,60,429/- as mentioned in annexure to the show cause notice. As regards the WIP in input intermediate the appellant relies on the ruling of the Tribunal in the case of Commissioner ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of Indchem Electronics (supra) and affirmed by the Hon'ble Supreme Court, I hold that remission of the duty is allowable. 5.1 So far the raw material, inputs and packing material lying in store, it is necessary to go through the Rule 21 of the Central Excise Rules, 2002, which reads as under :- "RULE 21. Remission of duty. - Where it is shown to the satisfaction of the Commissioner that goods have been lost or destroyed by natural causes or by unavoidable accident or are claimed by the manufacturer as unfit for consumption or for marketing, at any time before removal, he may remit the duty payable on such goods, subject to such conditions as may be imposed by him by order in writing : Provided that where such duty does not exce ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
