2010 (2) TMI 1021

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....hri C. Rangaraju, SDR, for the Respondent. ORDER Heard both sides. The brief facts of the case as stated by the original authority are as follows :- "During the year December, 1996 due to heavy rains and floods, raw materials/finished products/work-in-progress have been lost in floods and M/s. MFPL have made insurance claim with M/s. The Oriental Insurance Co. Ltd. against their policy. H....

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....The original authority confirmed the demand of Rs. 91,087/- under Rule 57-I attributable to the input credit but set aside the demand to the extent of Rs. 1,59,608/- proposed in the show-cause notice on the finished goods. The Department went in appeal against the dropping of the demand. The lower appellate authority allowed the Department's appeal on the ground that the original authority had exc....

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....ion for such a large amount of duty is vested in the Commissioner and in the absence of any order of remission, the original authority had no power to drop the demand of duty and therefore, the reversal of the said order by the lower appellate authority is in accordance with law. 5. After hearing both sides we find that the appellants have not applied for remission of duty for the finished good....

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....see to account for goods in an approved place of storage is a continuing obligation and the same does not get extinguished by a mere lapse of a particular period apart from the fact that no such period has been prescribed under Rule 223A of the Central Excise Rules, 1944. It has been held there in that Section 11A and Rule 223A deal with different situations and the period of limitation provided u....