https://www.taxtmi.com/caselaws?id=34184 Export goods stolen before reaching the port of export were treated as lost in an unavoidable accident where the record showed no wilful act, negligence, or default by the assessee causing the theft. On that basis, the loss qualified for remission of duty under Rule 49 of the Central Excise Rules, 1944, and duty and penalty were not payable. The fact that the goods had been examined, assessed, and allowed for export, and that proof of export was admitted, supported the remission claim. Receipt of insurance compensation in excess of the duty liability was held not to be a legal ground to deny remission or sustain the demand. en-us Thu, 25 Sep 2008 00:00:00 +0530 Wed, 22 Jul 2009 00:00:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=34184 Export goods stolen before reaching the port of export were treated as lost in an unavoidable accident where the record showed no wilful act, negligence, or default by the assessee causing the theft. On that basis, the loss qualified for remission of duty under Rule 49 of the Central Excise Rules, 1944, and duty and penalty were not payable. The fact that the goods had been examined, assessed, and allowed for export, and that proof of export was admitted, supported the remission claim. Receipt of insurance compensation in excess of the duty liability was held not to be a legal ground to deny remission or sustain the demand. Case-Laws Central Excise Thu, 25 Sep 2008 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=34184