2004 (1) TMI 443 - AT - Central Excise

Tribunal Upholds Decision on Duty Demand Remission Due to Natural Loss

COMMISSIONER OF CENTRAL EXCISE, MEERUT Versus SIMBHAOLI SUGAR LTD.

The Tribunal upheld the Commissioner's decision to remit duty demand for the loss of denatured ethyl alcohol, citing natural causes such as evaporation ... Remission of duty Issues: Revenue's challenge to duty demand remission based on loss of denatured ethyl alcohol.Analysis:1. The Revenue appealed against an order-in-appeal that set aside the duty demand of Rs. 474/- for the period September, 1999 to December, 1999, related to the loss of denatured ethyl alcohol.2. The Revenue contended that the loss was not natural, and no remission was requested by the respondents, citing the Madan Mohan case. The Counsel for the Respondent argued that the loss was natural due to evaporation, involving a small amount of duty, and the respondents had requested for remission in response to the show cause notice.3. After hearing both sides, the Tribunal found that the duty amount evaded was due to the storage loss of denatured ethyl alcohol, which was natural because of the volatile nature of ethyl alcohol and inadequate storage conditions. The Commissioner (Appeals) allowed remission of duty by dropping the duty demand based on the natural cause of loss.4. The Tribunal upheld the impugned order, stating that there was no legal infirmity as the loss was indeed due to natural causes, and the Commissioner's decision to remit the duty was valid. The Tribunal distinguished the present case from the Madan Mohan case, where the circumstances were different.5. Consequently, the Tribunal dismissed the appeal of the Revenue, affirming the validity of the order-in-appeal that remitted the duty demand concerning the loss of denatured ethyl alcohol due to natural causes.