2017 (4) TMI 1172 - HC - Central Excise

Court allows remission of duty for accidental fire loss under Central Excise Rules

The High Court held that the loss caused by the accidental fire qualified for remission of duty under Rule 21 of the Central Excise Rules. The Court ... Remission of duty - Rule 21 of the CER 2002 - Whether the loss and destruction of goods because of accidental fire which took place in the appellant factory falls within the meaning of the phrase 'goods have been lost or destroyed by natural causes or by unavoidable accident' for purposes of remission of duty? - Held that: - The goods have been destroyed in fire and there is no evidence that no preventive measures were taken by the appellant then it can be safely assumed on the basis of evidence brought on record by the appellant which included FIR, report of City Magistrate and District Magistrate and grant of insurance claim, that fire broke out accidentally - loss and destruction of goods because of accidental fire which took place in the appellant factory falls within the meaning of the phrase 'goods have been lost or destroyed for natural causes or by unavoidable accident for the purposes of remission duty under Rule-21 of CER, 2002 - remission allowed. Whether in the facts and circumstances of the case, learned Tribunal was legally justified in rejecting the claim of remission of duty under Rule 21 of the Central Excise Rules, 2002 even though the cause of accident in the appellant factory was accidental fire? - Held that: - Tribunal has not at all considered the material evidence available on record and jumped to the conclusion that fire took place due to the negligence of the appellant, on the basis of findings of Commissioner appeals, no independent application of mind is there by the Tribunal. So, finding of the Tribunal in rejecting the claim, cannot be said to be justified. Appeal allowed - decided in favor of appellant. Issues:1. Interpretation of the phrase 'goods have been lost or destroyed by natural causes or by unavoidable accident' for remission of duty under Rule 21 of the Central Excise Rule, 2002.2. Legal justification for rejecting the claim of remission of duty under Rule 21 of the Central Excise Rules, 2002 despite an accidental fire in the factory.Analysis:1. The appellant, a registered entity for Central Excise, faced an accidental fire in their manufacturing unit, resulting in the destruction of goods. The appellant filed for remission of excise duty under Rule 21 of the Central Excise Rules, 2002. The District Magistrate's report confirmed the accidental nature of the fire, and the appellant did not claim excise duty in their insurance. The Commissioner rejected the remission application, and the Tribunal upheld the decision. The appellant argued that the expressions 'natural causes' and 'unavoidable accidents' in Rule 21 should be reasonably construed to serve the legislative intent. Citing legal precedents, the appellant contended that the Tribunal's finding of negligence lacked material evidence and failed to consider all relevant facts.2. The Tribunal's finding of negligence by the appellant in causing the fire was challenged. The appellant argued that the Tribunal did not adequately consider the evidence and relied solely on the Commissioner's judgment. The appellant emphasized the need for a thorough assessment of all facts and evidence before reaching a conclusion. The appellant pointed out that the District Magistrate's report and the approval of the insurance claim indicated the accidental nature of the fire. The Tribunal's failure to properly evaluate the evidence led to a decision based on incomplete information, justifying the remand of the matter for a fresh decision.In conclusion, the High Court found that the loss due to the accidental fire fell within the scope of 'goods lost or destroyed by natural causes or unavoidable accident' for remission of duty under Rule 21. The Court criticized the Tribunal for not adequately considering the evidence and abruptly concluding negligence on the appellant's part. As a result, the Court set aside the Tribunal's judgment and remanded the matter for a fresh decision, emphasizing the importance of a comprehensive evaluation of all evidence before reaching a conclusion.