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1996 (10) TMI 281

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...., JDR, for the Respondents. [Order]. - The appellants are manufacturers of sugar and molasses attracting Central Excise duty and alcohol which is under the control of the State Excise authorities. Molasses which is a by-product in the manufacture of sugar is used as a raw material in the manufacture of alcohol. Molasses is stored in steel tanks as well as masonry tanks by the appellants. The....

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....5,299/- and imposing penalty of Rs. 10,000/-. The present appeal is against the said order. 2. Shri Manik Chand, learned Counsel for the appellants stated that the shortage has been arrived after taking into account the result of an earlier stock verification carried out in June 1992. That verification resulted in an artificial excess which has led to the alleged shortage in the present pr....

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....age found in the instant proceedings relate to different tanks and hence the shortage is not connected with the result of the earlier stock verification. He pleaded that the appeal be dismissed. 4. In a rejoinder, the learned Counsel for the appellants stated that the stock verification was not only with reference to some tanks. All tanks had been taken into account. 5. I have cons....

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....sity, volume etc. In fact, during the original check, a much larger excess weight was alleged by the Department in the first instance but when the mistake in the Department's method of calculation was pointed out by the appellants the mistake was corrected and the excess alleged came down appreciably. The standard reference books on sugar industry indicate the possibility of error in estimating th....