https://www.taxtmi.com/caselaws?id=3230 A circular on molasses storage loss was treated as a guideline for the maximum loss that may be condoned, not as conferring an automatic right to remission merely because the alleged shortage fell within 2% of production. The assessee still had to prove on the facts that the loss actually occurred despite due precaution and could not have been avoided; the absence of proof of clandestine removal did not by itself establish condonable storage loss. The Tribunal's findings on shortage and the Dip Method Measurement were based on evidence and factual appreciation, so they did not raise any referable question of law. The reference application therefore failed. en-us Mon, 16 Jul 2007 00:00:00 +0530 Wed, 16 Apr 2008 16:53:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=3230 A circular on molasses storage loss was treated as a guideline for the maximum loss that may be condoned, not as conferring an automatic right to remission merely because the alleged shortage fell within 2% of production. The assessee still had to prove on the facts that the loss actually occurred despite due precaution and could not have been avoided; the absence of proof of clandestine removal did not by itself establish condonable storage loss. The Tribunal's findings on shortage and the Dip Method Measurement were based on evidence and factual appreciation, so they did not raise any referable question of law. The reference application therefore failed. Case-Laws Central Excise Mon, 16 Jul 2007 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=3230