2005 (11) TMI 129

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....als), revenue has filed the present appeal. The short issue involved in the appeal is as to whether the process losses in respect of liquid carbon dioxide gas received by the respondents from their sister unit in tankers, while being transferred to cylinders should result in denial of Modvat credit to such quantity of shortages. 2. After hearing both sides, I find that the issue stands decided by....

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....cess is not deniable. 3. The Commissioner has also relied upon both the Circular No. 267/136/87-CX. 8, dated 15-1-88 and has noted that the losses occurred during the storage, when pressure increases and the safety valves opens, at the time of opening and closing of pressure valves, while filling cylinders through liquid pumps, while filling cylinders due to intermediate pressure venting, losses ....