2017 (9) TMI 909

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.... : Ramesh Nair The appeal is directed against Order-in- Appeal No. SRK/435/RGD/2008 dated 10-7-2008 whereby Ld. Commissioner (Appeals) upheld the Order-in-Original and rejected the appeal of the appellant. 2. The fact of the case is that appellant is engaged in the manufacture of Lubricating oil. As per the stock taking conducted by the auditors of the company, some shortage of finished good....

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....s shortages. The stock differences were not real differences. In the manufacture of lubricating oil there are various type of invisible losses like sticking losses, handling losses, seepages, filling losses and losses due to evaporation. The demand has been issued only in respect of cases where physical stock was found to be less than the book stock and the instances wherein physical stock was fou....

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....ity failed to consider that the net difference in input stock is less than 0.03% of the total inputs consumed. 6. The shortages were reflected in annual reports and there was no suppression and hence extended period of limitation was not applicable. 7. Identical issues in respect of earlier period was settled in favour of appellants by the orders of Commissioner (Adjudication) dated 30.11.20....

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.... reasons for shortage. C.A. also certified circumstances of shortages. It is also fact that there is no case of the department that short found quantity was removed by the appellant clandestinely or otherwise. The adjudicating authority has not properly considered the reasons stated by the appellant regarding the shortage alleged by the department and also judgments on the similar cases. I am ther....