https://www.taxtmi.com/caselaws?id=52108 Rule 49 of the Central Excise Rules, 1944 allowed remission only where excisable goods were lost or destroyed by natural causes or unavoidable accidents during handling or storage, and theft was treated as outside that scope. On that basis, remission was denied and duty on the stolen factory goods remained recoverable. The penalty, however, was unsustainable because the record did not show intentional removal of the goods without payment of duty, and the admitted theft negatived the element needed to justify penal action. The assessee was therefore liable for excise duty on the stolen goods but not for penalty. en-us Thu, 25 Sep 2003 00:00:00 +0530 Fri, 01 Oct 2010 13:05:56 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=52108 Rule 49 of the Central Excise Rules, 1944 allowed remission only where excisable goods were lost or destroyed by natural causes or unavoidable accidents during handling or storage, and theft was treated as outside that scope. On that basis, remission was denied and duty on the stolen factory goods remained recoverable. The penalty, however, was unsustainable because the record did not show intentional removal of the goods without payment of duty, and the admitted theft negatived the element needed to justify penal action. The assessee was therefore liable for excise duty on the stolen goods but not for penalty. Case-Laws Central Excise Thu, 25 Sep 2003 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=52108