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2010 (6) TMI 362

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..... d the quantity received during the month" - original authority as well as Commissioner (Appeals) have correctly applied the instructions of the Board and accepted the contention of the party - department has chosen to file the appeal against the concurrent finding of the authorities which are in conformity with the guidelines of the Board - Committee of Commissioners had no valid reason to disrega .....

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..... ssue 42,60,000.00 BL Closing Book Balance 2,99,063.30 BL Actual Balance 2,81,340.30 BL Wastage 17,723.00 BL The department worked out the losses as 5.9% by taking the shortage of stock as 17,723.00 B.L out of closing book balance of 2,99,063.30 BL. However, the party claims that the percentage of loss should be worked out by considering the actual loss of 17,723.00 BL against the total of .....

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..... on the opening balance and receipts during the month at the installation - Regarding.  The matter has been examined in consultation with the Directorate and the Chief Chemist. The Board have after careful consideration of the matter decided that in the case of monthly accounting of losses in storage in bonded tanks at the installations, the same may be calculated as a percentage of the tota .....

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..... indicated in para 1 above. [C.B.E. & C.F. No. 6/36/70-C.X. 8, dt. 8.12.1970]" 8. It is thus, clear that the percentage of loss should be arrived at based on "total quantity consisting the opening balance and the quantity received during the month". Both the lower authorities i.e. original authority as well as Commissioner (Appeals) have correctly applied the instructions of the Board and a .....

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