2011 (2) TMI 1159

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.....I. Shah a/w Ms. Suchitra Kamble, for the Respondents. [Order]. - P.C. : Rule, returnable forthwith. By consent of parties the petition is heard finally . 2. This petition is filed to challenge the order of the Commissioner of Central Excise (Appeals)-II Mumbai dated 24-9-2010 and order dated 15-11-2010 declining to modify the order dated 24-9-2010. 3. By the impugned order d....

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....he gains recovered in the other product. 5. Against the order in original dated 31-12-2008 the petitioner had filed an appeal and the Commissioner of Central Excise (Appeals) initially by his order dated 4-9-2009 directed the petitioner to deposit the entire duty demanded by order in original dated 31-12-2008 . On a writ petition filed by the petitioner, this Court by its order dated 23-6-....

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....combined loss would be within the limits prescribed in Circular No. 636 dated 22-4-2002. The Government of India in the Assessee's own case reported in 1991 (54) E.L.T. 315 (G.O.I.) has held that the adjustment of transit gains against transit losses are permissible. Nothing is brought to our notice that the aforesaid decision stands nullified by the subsequent action of the Central Government. ....