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TMI Blog1991 (4) TMI 153X X X X Extracts X X X X X X X X Extracts X X X X ..... Indian Oil Corporation at Tirunelveli. 2. The applicants maintained that during the relevant period thirty one consignments were removed, out of which losses occurred in thirteen and excess in eighteen. In respect of the losses, the Assistant Collector condoned up to 0.5%, while in appeal, the Collector (Appeals) allowed up to 1% of losses. Their plea for setting off losses against gains was, h ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ns in rake of 50/75 wagons are loaded/received in closed circuit fashion. The quantity loaded in each set of wagons under AR3A is determined as per the dips of the storage tanks in the refinery. Similarly, the quantity received at destination is determined on the basis of storage tanks dips at destination. Further, it was stated by them that because of these peculiar characteristics if is likely ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed by the applicants that the specially designed wagons rakes are exclusively used by them and these are not being used by any other licencee and nor the Railways allot these to any other party; that roughly a rake is reloaded within a period of a week to 10 days for consecutive dispatches. Government observe that where full discharge of LSHS have not taken place, the goods are not really lost b ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the ratio of the decision in the case of Collector of Central Excise, Calcutta v. I.O.C. Haldia (1984 ECR 379) which was a case relating to J.B.O. and furnace oil transported to different destinations. The fact that it related to different items is irrelevant for the logic of adjusting losses and gains. The Government feel that proper approach, therefore should have been to consider the losses ..... X X X X Extracts X X X X X X X X Extracts X X X X
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