2004 (4) TMI 534

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.... Commissioner of Central Excise, Meerut dt. 28.7.2003. The issue raised in this appeal is whether appellants are entitled to take credit on the value of the total quantity of molasses received in its factory for the purpose of manufacture ethyl alcohol without taking into consideration the certain percentage of loss which happens to be storage loss. The Commissioner was of the view that the appell....

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....losses in storage of molasses, losses upto 2% may be condoned irrespective of whether molasses is stored in kucha pits/tanks or steel/pucca tanks. Tribunal accepted in Kesar Enterprises the contention raised by the appellant therein that there is no provision in the Central Excsie Act or the Rules to demand duty of excise on goods discharged or lost within the factory due to factors beyond the app....

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.... follows: "We have considered the pleas made by both sides. We observe that fibre as was supplied by the supplier has been received by the appellants in full. On account of atmospheric changes in the level of temperature and humidity some loss due to dryage has occurred. We observe that what is to be considered in the context of Modvat scheme is that relief is given to the extent of the duty wh....