TaxTMI 
TaxTMI 
2010 (8) TMI 349
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....i Ramesh Nair, Advocate, for the Appellant. Shri S.K. Bhaskar, DR, for the Respondent. [Order]. - Shri Nair, ld. Counsel submits that the amount of Rs. 4,95,014/- received by the appellant from the insurance company was a compensation received for the loss of quality of the goods occurred due to heavy rain. The goods did not move from the place of stocking. Those were as it is and as and ....
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....pellant should succeed. 2. Ld. DR supports order of the authority below and submits that if there was any loss, it shall be dealt by remission application. In absence of remission application, the authorities had rightly imposed duty on the insurance claim. 3. Heard both sides and perused the records. 4. Reading of Section 3 with Section 4 of the Central Excise Act, 1944 no wher....
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....ve been realized upon clearance of qualitative goods. But there is no dispute on the valuation aspect in the show cause notice. Once there is no valuation dispute in the show cause notice and the appellant's claim that the quality lost goods have been cleared, it is required to examine the record whether all the quality lost goods have suffered duty. If that has not suffered, appropriate levy is p....
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....or dutiability. 6. In view of the aforesaid observations, it is required to send this case back to the ld. Adjudicating authority to examine RG-I record and find out whether the stock was existing before the loss by rain and exist after the loss. In the process if the goods had been cleared, levy of excise duty thereon cannot be ignored. But it is made clear that without bringing out to th....