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        Central Excise

        1994 (6) TMI 104 - AT - Central Excise

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        Excise duty on destroyed molasses requires proof of loss by natural causes, not automatic demand on stored goods. Excise duty on molasses stored in katcha pits was not payable merely because the goods remained in storage or because remission had not been formally ...
                      Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
                        Provisions expressly mentioned in the judgment/order text.

                            Excise duty on destroyed molasses requires proof of loss by natural causes, not automatic demand on stored goods.

                            Excise duty on molasses stored in katcha pits was not payable merely because the goods remained in storage or because remission had not been formally sought; Rule 49(1) postpones duty until removal, and its proviso permits duty only where goods are not accounted for or are not shown to the satisfaction of the proper officer to have been lost or destroyed by natural causes or unavoidable accident. Loss or destruction is distinct from removal, and duty cannot be demanded without a proper finding on the claimed flood-related loss. The matter was remanded for verification of the extent of destruction and duty was confined to the quantity not shown to have been so lost or rendered unfit.




                            Issues: Whether excise duty was payable on molasses stored in katcha pits that were claimed to have been lost or destroyed by floods and seepage, and whether the matter required reconsideration on the question of natural causes and the extent of loss.

                            Analysis: Rule 49(1) postpones duty until excisable goods are issued out of the factory or removed from approved storage, and its proviso permits duty only on goods not accounted for or not shown to the satisfaction of the proper officer to have been lost or destroyed by natural causes or unavoidable accident. Loss or destruction is not the same as removal, and duty cannot be demanded merely because the goods were stored beyond permission or because remission was not formally sought, without a proper finding on whether the claimed loss was in fact due to natural causes. On the record, the authorities had not satisfactorily verified the extent to which the molasses were destroyed by floods or other natural causes.

                            Conclusion: Duty could not be straightaway demanded on the entire quantity; the matter was remanded for verification of the loss and for denial of duty only on such quantity as was shown to have been lost or destroyed by natural causes or rendered unfit for consumption.


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