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TMI Blog2006 (11) TMI 45X X X X Extracts X X X X X X X X Extracts X X X X ..... ith - Appeal Nos. E/3301 & 4079/2005 and Cross-Objection - Final Order Nos. A/1946-1948/2006-WZB/C-I/(SMC), - Dated:- 23-11-2006 - [Order]. - The appeal No. E/3031/2005 is against the order of the Commissioner (Appeals) No. P-III/200/2005, dated 27-6-2005. By this order Commissioner has partly set aside the order of the original authority No. 69/CEX/2004, dated 17-12-2004. The appeal No. E/407 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... The respondent had shown storage/evaporation losses of rectified spirit in the ER-1 returns submitted by them for the period from September, 2003 to February, 2004 (period covered in appeal E/3301/2005) and in ER-1 returns for the period March, 2004 to September, 2004 (period covered in appeal E/4079/2005); (d) The department felt that the credit on duty paid on molasses which have gone i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... was below 0.5%. Hence these appeals by the department. 4.The learned DR submits that in respect of finished goods which are lost for whatever reason the duty is not being paid and since the products had not suffered any duty, the inputs which have gone into such exempted product is not eligible for credit and therefore the credit availed should be reversed. 5.I have given careful considerat ..... X X X X Extracts X X X X X X X X Extracts X X X X
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