2007 (3) TMI 607

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.... S.L. Meena, DR, for the Respondent. [Order]. -  The relevant facts of the case in brief are that the appellants are engaged in the manufacture of sugar and molasses. On 14-11-2003, the Central Excise Officers conducted physical verification of stock of molasses in presence of the appellants and found a quantity of 386.444 MT of molasses excess over and above the reported balance after ....

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.... of stock taking method. He relied upon the decision of the Tribunal as under :- (i)      Kisan Sahkari Chini Mills v. CCE, Ghaziabad, 2001 (129) E.L.T. 364 (ii)    Seksaria Biswan Sugar Factory Limited v. CCE, Lucknow, 2001 (135) E.L.T. 1024 (Tri. - Del.). 3. The learned authorized representative (DR) on behalf of the Revenue submits that the ....

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....uld not explain the reasons for the excess quantity of molasses. The Tribunal in the case of Kisan Sahkari Chini Mills v. CCE, 2001 (129) E.L.T. 364 (Tri. - Del.) allowed 10% allowances for foaming during dip reading measurement. In the said case, the representative of the appellant in their statement stated that due to sufficient quantity of foaming was in the tank and excess quantity of molasses....