TaxTMI 
TaxTMI 
TaxTMI 
2014 (12) TMI 991
X X X X Extracts X X X X
X X X X Extracts X X X X
.... Respondent. ORDER Being aggrieved with the order passed by the Commissioner (Appeals) revenue has filed the present appeal. I have heard Shri M.S. Negi learned AR appearing for the revenue and Ms. Jaydeep Kaur appearing for the respondent. 2. As per facts on records the respondents are engaged in the manufacture of formaldehyde falling under chapter 29 of the First Schedule to the Central....
X X X X Extracts X X X X
X X X X Extracts X X X X
....hat there are various factors, which directly or indirectly affect the production. Accordingly, he set aside the appellant by observing as under :- "I have gone through the grounds of appeal, submissions made at the time of hearing and all other evidence on record. I find that there are two issues to be decided in this case. I take up the first issue of clandestine production and clearance of 254....
X X X X Extracts X X X X
X X X X Extracts X X X X
.... appears near perfect in science, but when put to practical use, the technology has to be improved. Even the most advanced technology is far from perfect. This being for various factors as indicated by the appellants. Even such chemical conversions in science are not perfect. If it were so then these would violate the second law of thermodynamics. Thus, due to the variations in these factors the p....
X X X X Extracts X X X X
X X X X Extracts X X X X
....therefore for determining the quantity of production it cannot be quantified to the theoretical precision based on the chemical formula. Further, no corroborative evidence has been brought out for alleging excess production except that of the chemical formula and no evidence of clandestine removal of 2544.937 MT of formaldehyde has been put forth by the Department. In view of the above I hold that....