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2008 (3) TMI 101

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..... 27-12-2005, rejecting the appellant's application for remission under Rule 21 of the Central Excise Rules, 2002. 2. The case of the appellant is that it was engaged in the manufacture of colour and black & white television sets. A fire broke out in their factory premises at Noida on 29-6-2002 causing destruction of various items including the raw materials, semi-finished goods and finished goods .....

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..... t participated in the hearing and also submitted written submissions. On consideration of the materials on record, the Commissioner arrived at the following conclusion "On perusal of comparative chart prepared by the range officer the assessable value of the finished goods on which remission was sought, arrived at Rs. 47,70,930/- in comparison to the value of Rs. 49,17,240/- on which insurance is .....

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..... by the appellant, some despatches were made which, according to the Commissioner, implied the presence of staff in the factory. The Commissioner observed that the cause of incident was sheer negligence as the appellant did not take preventive measures nor any action was taken by the staff present on the spot to extinguish or prevent the fire from spreading. The Commissioner also noted that the app .....

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..... epancies in the value of the goods as shown in RG. 1 and the value claimed before the Insurance Company. It is clear from the comparative chart read with the papers of the Insurance Company like survey report etc. that the appellant had claimed compensation on higher value than the assessable value in respect of colour TVs except models while on all models of black & white TVs and chassis on the v .....

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