2005 (2) TMI 723 - AT - Central Excise

Summary

Issues:
Remission of duty on molasses claimed as loss during storage.

Analysis:
The case involved a dispute regarding the remission of duty on 3100.20 quintals of molasses claimed by the appellant as a loss during storage. The Commissioner rejected the appellant's claim, citing discrepancies between the records maintained by the appellant and the State Excise records. The Commissioner found that the quantities shown in the R.G. 1 register and M.F. 5 Pt. II register did not tally, leading to doubts about the genuineness of the losses claimed by the appellant. Consequently, the remission of duty on the molasses could not be considered based on this discrepancy.

The appellant contended that there was no discrepancy between the State Excise records and the Central Excise records, as both indicated an actual balance of NIL. The appellant argued that the loss percentage of 1.81% fell within the permissible norm of 2% as condonable per a circular of the Board. Reference was made to a decision of the Tribunal in a similar case and other relevant cases to support the appellant's claim. It was highlighted that the appellant's claim was in line with the Tribunal's decision and the Board's instructions. The appellant asserted that the fact of loss was evident from both Central and State Excise records, further strengthening their case.

In conclusion, the Tribunal found merit in the appellant's arguments and allowed the appeal, granting consequential relief to the appellant. The judgment emphasized the importance of consistency between records and compliance with established norms and precedents in determining the validity of claims for remission of duty on lost goods.