9911796707
TMI Blog2011 (6) TMI 629X X X X Extracts X X X X X X X X Extracts X X X X ..... are entitled to take the credit as per the quantity shown in the invoices, as the loss of molasses is within the permissible limit, Appeal filed by the Revenue is dismissed - E/706/04 - Mum - - - Dated:- 15-6-2011 - Shri Ashok Jindal, Shri Mathew John, JJ. Appearance Shri H.B. Negi, SDR for appellant Shri R.G. Sheth, Advocate For Respondent Per Ashok Jindal Revenue is in appeal ag ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he adjudicating authority, which was appealed against before the Commissioner (Appeals), who considering the contention of the respondent set aside the adjudication order and allowed the credit. Against the said order the Revenue is in appeal before us. 3. Heard both the sides. 4. Shri H.B. Negi, learned SDR appeared before us and submitted that the respondents are entitled to take credit only ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d Counsel for the respondents appeared and submitted that the loss of molasses during the transportation due to natural causes, evaporation losses etc. which is permissible as per Bombay Molasses Rules, 1955. Losses in storage or in transit are admissible variation upto 1%. In this case the variation is 0.87%. Therefore, the shortages are within the permissible limit. He also relied on the decisio ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... has taken credit on molasses on the quantity shown in the invoices which is more than the actual receipt of the molasses. It is also not in dispute the variation is 0.87%. The only dispute is that the Board Circular cited herein above is not relevant to the facts of this case as the Board Circular allows losses of storage not transit loss therefore credit cannot be allowed. We have considered the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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