2000 (12) TMI 455

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..... der per : Gowri Shankar, Member (T)]. The appellant manufactured, on job work, parts of aluminium out of aluminium ingots supplied by luggage manufacturers, to whom it sent the parts that it manufactured. In the order impugned in the appeal, the Commissioner has held that the cost of the material which might have been supplied to the appellant to compensate for the burning loss that takes pl .....

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..... manufacturer, only says that this loss is taken into account in calculating the profit. That is to be taken into account for financial purposes is clear. This is however very different from saying that any replacement was given to the appellant. In the normal course, the luggage manufacturer would know how many parts would be obtained from a specified quantity of ingots of aluminium and there wou .....

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..... However, the departmental representative s assertion that the appellant ought to have verified whether there was transit insurance or not, does not appear to us to be relevant. He is not able to rebut the contention of the counsel for the appellant that it did not receive any document, relating to the insurance or otherwise come to know of it. In that situation, we cannot agree that merely becaus .....

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