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Issues: Whether remission of excise duty could be granted under Rule 49 of the Central Excise Rules, 1944 in respect of goods lost or stolen after clearance from the factory during transit to the port.
Analysis: Rule 49 permits remission where goods are lost or destroyed by natural causes or unavoidable accident during handling or storage in a storeroom or other approved premises before clearance. The loss in the present case occurred after the goods had been cleared from the factory and while they were in transit. The rule does not extend remission to losses occurring after clearance from the factory.
Conclusion: Remission under Rule 49 was not available to the assessee for the transit loss, and the rejection of the claim was .
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