2014 (1) TMI 1712 - AT - Central Excise

Remission application denied due to negligence in fire accident; discrepancies and conflicting reports cited

Everest Organics Ltd. Versus Commr. of C. Ex., Cus. & S.T., Hyderabad-I

The remission application for duty payable on finished goods and Cenvat credit availed on inputs following a fire accident was rejected due to ... Remission of duty payable on finished goods and Cenvat credit availed on inputs - Held that:- It is not only the department which has found negligence on the part of the appellants but also the fire department which is nodal department to consider the circumstances under which such accidents take place and come to a conclusion. Therefore the order of Deputy Chief Inspector of Factories dated 19-5-2006 is important. Further on going through the records it is also found that the police went ahead with prosecution of three persons which finally ended in the acquittal of the persons since the witnesses produced by the prosecution did not support their case and there was no other evidence. This shows that police also felt that accident was avoidable. The fact that police prosecuted three persons would show that police treated the fire as not at all an accident which is much more serious than the accident being avoidable or happened because of negligence. The circumstances are peculiar in this case wherein police and fire department both have entertained the same views as the Commissioner. In fact their views are more disadvantageous than the view of the Commissioner. Hence, find that the rejection of the application for remission cannot be found fault with. Under these circumstances the appeal has no merits and is rejected. Issues:1. Remission application for duty payable on finished goods and Cenvat credit availed on inputs following a major fire accident.2. Discrepancies in the information provided by the assessee and the department regarding the fire accident and stock verification.3. Disagreement on the estimated loss of stock between the remission application and the ER1 return.4. Discrepancy in the estimated cost of goods destroyed as per input invoices and Central Excise records.5. Varied conclusions on the cause of the fire accident by different reports.6. Lack of insurance survey report.7. Rejection of remission claim for inputs, capital goods, and civil works.8. Consideration of negligence in the fire accident for remission eligibility.Analysis:1. The appellant filed a remission application seeking relief on duty payable on finished goods and Cenvat credit availed on inputs post a fire accident resulting in fatalities and loss. The department issued a show cause notice highlighting discrepancies in the information provided by the appellant regarding the accident and stock verification, leading to doubts about the extent of damage and loss claimed.2. Discrepancies emerged in the stock details provided by the assessee and the department's records, raising concerns about the accuracy of the remission application. The differences in the quantity and cost of compounds like Sulphide, Chloro, and Acetone between the application and the ER1 return added complexity to the assessment of the loss incurred.3. The mismatch in the estimated cost of goods destroyed as per input invoices and Central Excise records further complicated the evaluation of the remission claim. The varying figures presented challenges in determining the actual loss suffered by the appellant, creating uncertainty in the remission process.4. Conflicting reports on the cause of the fire accident from different sources, including the FIR, Fire Department, and compliance reports, added layers of complexity to the case. The absence of an insurance survey report further hindered a comprehensive assessment of the situation, impacting the remission decision.5. The rejection of the remission claim for inputs, capital goods, and civil works was based on the assessment of negligence in the fire accident. The Commissioner's observation highlighted the lack of necessary precautions taken by the appellant, leading to the conclusion that the accident was avoidable, thus disqualifying the claim for remission.6. The judgment emphasized the importance of considering negligence in determining remission eligibility, citing findings from the Deputy Chief Inspector of Factories and the police prosecution of individuals involved. The alignment of views between the department, fire department, and police on the avoidability of the accident strengthened the decision to reject the remission application, underscoring the significance of negligence in such cases.