1994 (9) TMI 200

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..... in-original 42/89, dated 27-10-1989 confirming the demand of Rs. 45,082/- on the molasses lost or destroyed. The demand was raised on the ground that the molasses were stored in kutcha pit and that the appellants had executed a bond for discharging the duty liability irrespective of whether the molasses were lost or destroyed. 2. Shri K.P. Joshi the ld. Advocate submits that they were granted th .....

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..... hout affecting to the right of the department to make recovery. He submits that besides that, the appellant, while storing the molasses in kutcha pit, had also executed a bond undertaking to discharge the duty liability irrespective of the deterioration or destruction. When such an express undertaking was given in that regard, it is now not open to the appellant to plead that by virtue of destruct .....

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