9911796707
TMI Blog2011 (8) TMI 625X X X X Extracts X X X X X X X X Extracts X X X X ..... aking into account the permissible loss, they cannot once again claim that they are entitled for the same as the shortage found. As regards the recovery of 691.26 gms of platinum recovered from the refining of dust/slurry, it is seen from the order that the Commissioner has already allowed a quantity of 475 gms of platinum which was recovered; in other words the shortage of 2200.56 gms. of platinu ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... investigation, statement of Shri Shailesh Sangani, Vice President of the unit was recorded under Section 108 of the Customs Act, wherein he accepted the shortage of 2200.56 gms. of platinum and undertook to pay the customs duty thereon. A show cause notice dated 16.1.2003 was issued to the appellant demanding customs duty of Rs.4,44,783/- in respect of the platinum found short on physical stock-ta ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... m/policy provision relating to platinum jewellery manufacture, the appellant is entitled to wastage of 9% of the goods consumed and during the period in dispute they had imported 28,000 gms of platinum and, therefore, they are entitled for 9% of 28,000 gms. towards wastage. This wastage has not been considered by the Commissioner. He further submitted that from the waste/dust which has been accumu ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... It is evident from the records, i.e. from the reply to the show cause notice vide letter dated 10.2.2003 of the appellant that they are maintaining the records after taking into account the permissible wastage of 9%. Once the stocks are maintained taking into account the permissible loss, they cannot once again claim that they are entitled for the same as the shortage found has already considered ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... this claim of the appellant either before the Commissioner or before us. As regards the contention that the duty has been calculated wrongly, this point has not been agitated before the Commissioner either in the reply to the show cause notice or at the time of personal hearing. Even in their appeal papers no such claim has been made. It is seen from the duty paying challan dated 23.9.2002, the ap ..... X X X X Extracts X X X X X X X X Extracts X X X X
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