https://www.taxtmi.com/caselaws?id=343006 Loss of liquid oxygen through spillage or evaporation during manufacture was treated as falling within Rule 57D of the erstwhile Central Excise Rules, 1944. The Tribunal reasoned that materials lost in the manufacturing process do not cease to exist merely because they lose visible identity, and that physical existence during manufacture is sufficient to exclude the loss from being treated as outside the rule. The earlier contrary view was regarded as per incuriam in light of the High Court decision relied upon. The issue was therefore resolved in favour of the assessee. en-us Thu, 16 Feb 2017 00:00:00 +0530 Fri, 22 Sep 2017 17:12:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=343006 Loss of liquid oxygen through spillage or evaporation during manufacture was treated as falling within Rule 57D of the erstwhile Central Excise Rules, 1944. The Tribunal reasoned that materials lost in the manufacturing process do not cease to exist merely because they lose visible identity, and that physical existence during manufacture is sufficient to exclude the loss from being treated as outside the rule. The earlier contrary view was regarded as per incuriam in light of the High Court decision relied upon. The issue was therefore resolved in favour of the assessee. Case-Laws Central Excise Thu, 16 Feb 2017 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=343006