2007 (12) TMI 77

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....issioner (Appeals) No.56 to 57/2007/Commr (A)/Raj. dated 19-3-2007. 2. The respondent is clearing various petroleum products under bond (without payment of duty) to various warehouses of the public sector undertaking oil companies. There have been certain transit losses. Transit losses have been condoned as they were within the limits prescribed by the CBEC. The original authority held that in ....

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....ranting any exemption or granting any remission. Therefore, he supports the order of the Commissioner (Appeals). 5. I have carefully considered the submissions from both sides. The Commissioner (Appeals)'s findings in this regard are reproduced below:   "9. As regards the lower authority's reliance on the Board Circular No.800/33/2004-CX., dated 1-10-04 in respect of demanding for rever....

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..../54/2002-CX dated 23-9-02 read with the provision of Rule 20 of Central Excise Rules, 2002. Once the permissible condonable loss has already been prescribed by the Government on the petroleum products moved through pipe lines the question of remission of duty on the said goods does not arise nor the credit on the inputs used in the transit loss is required to be reversed. Therefore, the lower auth....

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....ne into the transit loss of petroleum products removed through pipe lines does not arise. In view of the above, I do not propose to discuss the various Tribunal citations relied by the appellants as the ratio of all the citations are related to the issue of remission of duty. I, therefore, hold that the appellants are not liable for reversal of the Cenvat credit of Rs.5,14,672/- (Rs.2,09,625/- + R....