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TMI Blog2018 (6) TMI 179X X X X Extracts X X X X X X X X Extracts X X X X ..... ission matter needs to be reconsidered. Penalty u/s 11AC - Held that:- This is admitted case of loss of goods in flood. In this fact, the ingredient to invoke the penalty under Section 11AC does not exist, as it is beyond the control of the assessee that the goods were lost in flood - penalty not invocable. Appeal allowed by way of remand. - E/87202,87293/2016,87096/2017 - A/86267-86269/2018 - Dated:- 3-5-2018 - Mr. Ramesh Nair, Member (Judicial) Shri M.R. Melvin, Superintendent (AR), for Revenue Shri J.N. Tiwari, Advocate, for assessee ORDER Two appeals are filed by the assessee, one is against the order of the Commissioner (Appeals) whereby the demand of duty confirmed on the loss of material due to flood in t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... al on rejection of remission claim, he submits that it is evident from the insurance claim received by the assessee that the goods were destroyed in flood. Therefore, no further evidence is required and the remission should have been granted only on the basis of insurance claim received by the assessee. He placed reliance on the following judgments:- (i) Mira Chemicals vs. CCE, Surat-II 2009 (234) ELT 328 (Tri.-Ahmd.); (ii) Voltamp Transformers Ltd. vs. CCE, Vadodara 2010 (262) ELT 909 (Tri.-Ahmd.). 3.1 As regards the Revenue s appeal, he submits that this is not a case of clandestine removal which is admitted by the Revenue. Therefore, it is only a matter of remission and, therefore, no penalty under Section 11AC can be imp ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... th the remission application. In this regard, I am of the view that once the insurance claim was filed and the same was processed, all the proceeding of insurance claim itself is sufficient to establish that the goods were destroyed in flood. Therefore, no further document is required. However, as per the finding of the Commissioner, insurance related documents were not submitted by the assessee. In these circumstances, the remission matter needs to be reconsidered. The assessee is directed to produce all the records related to insurance claim and also the documents which bear the recording of this insurance claim. Thereafter, the learned Commissioner should pass a fresh order on the remission application. In case of demand, since it is con ..... X X X X Extracts X X X X X X X X Extracts X X X X
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