2008 (3) TMI 101

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....ner of Central Excise, Noida dated 27-12-2005, rejecting the appellant's application for remission under Rule 21 of the Central Excise Rules, 2002. 2. The case of the appellant is that it was engaged in the manufacture of colour and black & white television sets. A fire broke out in their factory premises at Noida on 29-6-2002 causing destruction of various items including the raw materials, se....

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....e arrived at as per RG 1. The appellant participated in the hearing and also submitted written submissions. On consideration of the materials on record, the Commissioner arrived at the following conclusion "On perusal of comparative chart prepared by the range officer the assessable value of the finished goods on which remission was sought, arrived at Rs. 47,70,930/- in comparison to the value ....

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.... PM, and as per copies of RG. 1 submitted by the appellant, some despatches were made which, according to the Commissioner, implied the presence of staff in the factory. The Commissioner observed that the cause of incident was sheer negligence as the appellant did not take preventive measures nor any action was taken by the staff present on the spot to extinguish or prevent the fire from spreading....

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.... Insurance Company and pointed out the discrepancies in the value of the goods as shown in RG. 1 and the value claimed before the Insurance Company. It is clear from the comparative chart read with the papers of the Insurance Company like survey report etc. that the appellant had claimed compensation on higher value than the assessable value in respect of colour TVs except models while on all mode....