2009 (10) TMI 487

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....p Singh, Advocates, for the Respondent. [Judgment per : Deepak Gupta, J. (Oral)]. - This appeal has been admitted on the following question of law :- "Whether the benefit of concessional rate of duty is admissible on the imported goods which have not been used or short received for the purpose of which these were imported?" 2. Briefly stated the facts of the case are that the assessee is ....

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....n, spillage, etc. and 24.795 MT oil was lost when an accident of two tankers took place while the oil was being transported to the factory. Thus the total of shortage in the amount of oil was 105.713 MT. This shortage works out to 1.445% when compared with the total import of 7318.446 MT. The Assessing Officer held that the assessee could not avail of the concessional rate of duty in respect 105.7....

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.... the evaporation and spillage and on account of accident of two tankers. With respect to the 53.927 MT oil, admittedly, even the case of the revenue was that this was a case of short landing and in fact the assessee had never received this amount of oil though it had paid price for the entire amount imported. The total difference as pointed above is only 1.445%. This is a very negligible percentag....