9911796707
TMI Blog2018 (2) TMI 700X X X X Extracts X X X X X X X X Extracts X X X X ..... Wadhwa As per facts on record, the M/s U.P. Stage Sugar is engaged in the manufacture of sugar and molasses. During the process of manufacture of sugar, molasses get generated and are stored in tanks. Due to summer season, there is auto combustion in the open pit, in which molasses was stored and the same turned into black carbonized lumps as residue. Th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... orandum dated 07.10.2005. 4. In the meanwhile, the appellants appeal filed before the Tribunal was decided and it was held that out of 28,956 qtls. of molasses, 15651 qtls. were entitled to remission and the balance quantity was held not entitled to remission. The said order was challenged by the Commissioner before the Hon'ble High Court who dismissed their petition dated 08.0 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... assed by Ld. Commissioner (Appeals) is set aside and remission rejection order where has been merged in order of Tribunal as aforesaid resolves the dispute". 6. The above background reveals that the assessee's claim of remission in respect of a particular quantity was rejected and they were under the liability to pay duty on the same. However, the assessee sold the factory to M/s Wave ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he contention of the Revenue is that as per proviso to Section 11(1) of the Central Excise Act, 1944, if the person whom the duty or any other sums of any kind if recoverable and he transfers or disposes of his business, the plant, machinery etc. in the custody and possession of the person so succeeding may also be attached and sold by such officers empower by the Board of Excise & Cus ..... X X X X Extracts X X X X X X X X Extracts X X X X
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