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Issues: Whether excise duty was payable on molasses stored in katcha pits that were claimed to have been lost or destroyed by floods and seepage, and whether the matter required reconsideration on the question of natural causes and the extent of loss.
Analysis: Rule 49(1) postpones duty until excisable goods are issued out of the factory or removed from approved storage, and its proviso permits duty only on goods not accounted for or not shown to the satisfaction of the proper officer to have been lost or destroyed by natural causes or unavoidable accident. Loss or destruction is not the same as removal, and duty cannot be demanded merely because the goods were stored beyond permission or because remission was not formally sought, without a proper finding on whether the claimed loss was in fact due to natural causes. On the record, the authorities had not satisfactorily verified the extent to which the molasses were destroyed by floods or other natural causes.
Conclusion: Duty could not be straightaway demanded on the entire quantity; the matter was remanded for verification of the loss and for denial of duty only on such quantity as was shown to have been lost or destroyed by natural causes or rendered unfit for consumption.