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Bombay HC: Export Goods Destroyed in CWC Fire Eligible for Excise Duty Remission

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Summary

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  • The Bombay High Court has ruled that Peekay International Pvt. Ltd. is entitled to a remission of Central Excise duty amounting to Rs. 1,56,900 for export goods destroyed in a fire at the Container Warehousing Corporation Ltd.
  • The court found that the goods were stored in a customs-notified area and had received a Let Export Order before the fire on June 7, 2002, validating their status for remission under Rule 21 of the Central Excise Rules.
  • The Revenue's argument that remission was unavailable because destruction occurred after removal was rejected, as the court emphasized that the CWC warehouse constituted a valid place of removal.
  • This decision could set a precedent for similar cases involving duty remission

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