2011 (5) TMI 8 - HC - Central Excise

Dip reading method or floating method - measurement of molasses - Held that the reasons given for adopting the dip method cannot be faulty as ultimately the molasses is a liquid and it has to be stored in tank - As the tanks are concerned they are used as per the specification prescribed by Bureau of Indian Standards and therefore, it is possible scientifically considering the length, breadth, height and density of the liquid to work out its weight by volume - The appeal stands dismissed against of assessee.

Summary

Issues: Appeal against the order of the Appellate Tribunal upholding the dip reading method for measurement of molasses instead of the floating method or direct weighment.

Analysis:
The appellants contested the order of the Appellate Tribunal, arguing that the dip reading method was not the best method for measuring molasses. They contended that the specific gravity of molasses should have been determined by the floating method or direct weighment. The Tribunal relied on the case of United Province Vs. Collector and the Additional Commissioner's decision, which upheld the dip method for weight determination. Additionally, reference was made to the case of Bajaj Hindustan Ltd. Vs. CCE, Kanpur, which highlighted the issue of foam affecting dip reading measurements of molasses, leading to a 10% allowance for foaming during storage. The Tribunal's decision was based on these precedents, which formed the basis of the appeal.

The appellant's counsel argued that molasses are accounted for by weight, received by weight, and cleared by weight, implying that the dip method was incorrect. However, upon reviewing the Tribunal's judgment, the High Court found that the reasons for adopting the dip method were not flawed. The Court emphasized that molasses being a liquid stored in tanks, the tanks adhered to Bureau of Indian Standards specifications, allowing for the scientific calculation of weight by volume based on the tank dimensions and liquid density. Consequently, the Court concluded that the questions raised in the appeal were not valid, leading to the dismissal of the appeal.

In conclusion, the High Court upheld the decision of the Appellate Tribunal to use the dip reading method for measuring molasses, emphasizing the scientific feasibility of determining weight by volume based on tank specifications and liquid density. The Court found no fault in the Tribunal's reasoning and dismissed the appeal accordingly.