2010 (11) TMI 330

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..... of manufacture cannot be relied upon to bind the assessee to pay duty on the process loss - Since there is no insurance for invisible loss, such loss is not covered by the condition contained in the permission letter granted to the assessees for movement of semi-processed inputs - Hence, set aside the impugned order by which demand of duty has been confirmed together with interest - Allow the app .....

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..... assessee to pay duty on the process, loss particularly when in 2009, there are two orders of the Commissioner (Appeals) in the case of the same assessees interpreting the permission letter to mean that the losses referred to in the condition would only be such losses that could be insured against and since there is no insurance for invisible loss, such loss is not covered by the condition containe .....

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