9911796707
TMI Blog2007 (4) TMI 162X X X X Extracts X X X X X X X X Extracts X X X X ..... rest - E/395/2005-SM - 768/2007-SM(BR)(PB) - Dated:- 23-4-2007 - [Order per] - The relevant facts of the case in brief are that the appellants are engaged in the manufacture of VP sugar and Molasses falling under sub-heading 1701.31, 1701.39 and 1703.10 of the CETA, 1985. During the period 1998-99, they stored molasses in the storage tank. Since November, 1999 till March 2003, molasses could n ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... consumption. He submits that the percentage of loss was found to be 4.78% of the total quantity stored. He further submits that Board allowed the permissible limit of loss of 2% on storage of molasses. He also submits that in this case, there is no clearance of goods and therefore, demand of duty under Section 11A of the Central Excise Act is not sustainable. 3. The learned DR reiterates the f ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... , it is apparent on face of the record that the quantity of loss as claimed by the appellant was not verified by the Central Excise officers. Therefore, I agree with the finding of the adjudicating authority and the application for remission of duty is rightly rejected. But, in the facts and circumstances of the case, there is no reason to impose penalty and payment of interest and the same are se ..... X X X X Extracts X X X X X X X X Extracts X X X X
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