1987 (6) TMI 158 - AT - Central Excise

Railway misplacement not an unavoidable accident for duty remission under Rule 196.

The Tribunal upheld the lower authority's decision, ruling that misplacement of wagons by Railway authorities did not constitute loss due to an ... Remission of duty - Goods destroyed by unavoidable accident Issues: Controversy over remission of duty for unaccounted consignment of H.P.S./Furnace Oil under Chapter X procedure due to misplacement of wagons by Railway authorities.Analysis:1. The appellants failed to account for a quantity of H.P.S./Furnace Oil dispatched to them under Chapter X procedure, leading to a demand for duty payment. The dispute centered on whether the goods were lost due to an unavoidable accident, justifying remission of duty. The appellants argued that misplacement of wagons by Railway authorities should be considered an unavoidable accident, entitling them to remission under Rule 196. They contended that loss, even if not destruction, should qualify for remission.2. The lower appellate authority rejected the appellants' argument, distinguishing misplacement from theft and ruling that misplacement did not constitute an unavoidable accident. The authority cited a previous case to support its decision, emphasizing that misplacement under Railway control did not align with the concept of unavoidable accident. The authority concluded that the goods were not lost due to an unavoidable accident, thereby upholding the duty demand.3. The appellants, through their advocate, sought to extend the interpretation of 'lost' to include cases like misplacement, where goods were deprived from them without fault. They argued that even with reasonable care, misplacement could occur, warranting remission. The advocate emphasized that misplacement by Railway authorities should be considered an unforeseen occurrence, meeting the criteria of an unavoidable accident under Rule 196. However, the advocate's plea was not accepted by the Tribunal.4. The Tribunal, after considering arguments from both sides, rejected the appellants' claim. It maintained that misplacement of a wagon did not qualify as loss due to an unavoidable accident. The Tribunal highlighted that misplaced wagons were often traced and restored, indicating that misplacement did not equate to permanent loss justifying duty remission.5. The Tribunal emphasized that Rule 196 required the transporter to take reasonable care to prevent loss by unavoidable accident. It noted that misplacement, implying incorrect placement rather than permanent loss, did not meet the criteria of an unavoidable accident. The Tribunal reasoned that misplacement, especially under Railway control, did not constitute an accident beyond reasonable control, thereby dismissing the appeal and upholding the duty demand.6. The Tribunal suggested that parties should pursue claims, including excise duty, with Railway authorities responsible for misplacement rather than seeking duty remission. It highlighted the process of lodging claims against Railway authorities for delayed or misplaced goods, indicating that such disputes should be resolved through appropriate channels rather than seeking remission based on misplacement.7. Ultimately, the Tribunal rejected the appeal, affirming the lower authority's decision that misplacement of wagons by Railway authorities did not amount to loss due to an unavoidable accident, thereby dismissing the plea for duty remission.