2004 (5) TMI 486

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....ate, for the Appellant. Shri S.C. Pushkarna, JDR, for the Respondent. [Order per : C.N.B. Nair, Member (T)]. - When the stay application came up for hearing, learned Counsel for the appellant points out that the issue raised in the appeal remains settled in favour of the assessee under the order of this Tribunal and that order has been confirmed also by the Apex Court. In view of this leg....

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....bunal in the case of Kesar Enterprises Ltd. v. C.C.E., Lucknow - 2002 (105) ECR 900 and the Tribunal held that the assessee is eligible for credit in respect of the full quantity of input brought in i.e. including the molasses lost during storage. While passing this order, the Tribunal noted that the Circular dated 6-2-1982 of the Board had accepted loss upto 2% during storage as normal in respect....