2007 (2) TMI 518 - AT - Customs

Tribunal Rules No Excise Duty on Goods Destroyed in Fire; Exempts Work in Progress from Duty Liability.

SAMI LABS LTD. Versus COMMISSIONER OF CUSTOMS, BANGALORE

SAMI LABS LTD. Versus COMMISSIONER OF CUSTOMS, BANGALORE - 2007 (216) E.L.T. 59 (Tri. - Bang.) Issues involved:1. Interpretation of Rule 6 of Central Excise (Removal of Goods at Concessional Rate of Duty for Manufacture of Excisable Goods) Rules, 2001.2. Liability to pay Central Excise duty on goods destroyed in a fire accident for a 100% E.O.U. manufacturing herbal extracts and chemicals.3. Application of the Explanation to Rule 6 regarding the usage of goods and duty liability.4. Comparison of provisions for remission of duty under Rule 21 of the Central Excise Rules and Section 23 of the Customs Act in cases of goods lost or destroyed due to unavoidable accidents.Detailed Analysis:1. Interpretation of Rule 6:The case involved a dispute over the application of Rule 6 of the Central Excise Rules, specifically whether the Rule applies to goods destroyed in a fire accident. The appellant argued that Rule 6 only applies to goods under transport or lost during handling/storage in the manufacturer's premises, not to goods already issued for production. The Tribunal examined the provisions of Rule 6 and the explanation provided therein to determine the correct interpretation.2. Liability for Central Excise Duty:The main issue was the liability of the appellant to pay Central Excise duty on goods destroyed in a fire accident. The Revenue contended that since the goods were not used for the intended purpose, the duty liability still exists. The Commissioner (Appeals) upheld the Revenue's appeal, stating that even if the goods were in work in progress, they are covered by Rule 6 and liable for duty payment. The appellant challenged this decision, emphasizing that the goods were already issued for production and should not be subject to duty payment.3. Application of Explanation to Rule 6:The Tribunal analyzed the Explanation to Rule 6, which clarifies that goods shall be deemed to have been used for the intended purpose even if lost or destroyed by natural causes or accidents during transport, handling, or storage. The Commissioner (Appeals) interpreted the term 'handling' broadly to include usage of goods until further processing stops. However, the Tribunal disagreed with this interpretation, stating that the goods destroyed in the fire accident were in the form of work in progress and had been used for the intended purpose, thus not liable for duty payment.4. Remission of Duty Provisions:The Tribunal also compared the provisions for remission of duty under Rule 21 of the Central Excise Rules and Section 23 of the Customs Act. It noted that both regulations provide for remission of duty in cases of goods lost or destroyed due to natural causes or unavoidable accidents. The Tribunal highlighted that demanding duty on indigenously procured raw materials destroyed in a fire accident contradicts the provisions for remission of duty in such circumstances, especially when the goods were already in use for the intended purpose.In conclusion, the Tribunal allowed the appeal, ruling that the raw materials and capital goods destroyed in the fire accident were in use for the intended purpose and should not be subject to duty payment, considering the circumstances of the accident as beyond the appellant's control.