2012 (10) TMI 9

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....on, Advocate, for the Respondent. [Judgment per : N. Kumar, J.]. - This appeal is by the revenue challenging the order passed by the Tribunal which has allowed the claim of remission of customs duty payable by the assessee. The assessee is 100% export oriented unit. They imported various duty free materials. Due to the fire accident on 7-4-2004 in the stores of the assessee's unit, the entir....

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....huge variation between insurance figures and what has been stated before the Customs. The total value of raw materials and accessories destroyed in the fire works out to Rs. 1,89,66,098/-. The duty on the above goods comes to Rs. 90,48,067/-. In fact, the assessee paid the amount on various dates. However, while considering the claim for remission, the Commissioner confirmed the demand of duty of ....

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..... The fact of the fire accident is not in dispute. Therefore, all the conditions for claiming remission under Section 23(1) have been fulfilled and therefore, allowed remission of duty paid on the goods. Aggrieved by the same, revenue is in appeal. 2. The learned counsel for the revenue assailing the impugned order contends that because of the discrepancy in the figures given by the assess....

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....cident, the entire goods which were imported were destroyed. It is nobody's case that there was any pilferage of these goods. Under these circumstances, when the claim of remission is made under Section 23 of the Act, legal requirements to be fulfilled by the assessee to claim remission stands fully satisfied.  The Commissioner was wholly in error in denying the said benefit on the ground tha....