TMI Blog2014 (5) TMI 1011X X X X Extracts X X X X X X X X Extracts X X X X ..... be applicable and the Cenvat credit in respect of such loss cannot be denied.. In any case, even if it is treated as transit loss, since the same is 0.5%, the Cenvat credit cannot be denied in view of judgment in the case of Dhampur Sugar Mills Ltd. vs. CCE, Meerut - II [2010 (12) TMI 291 - CESTAT, DELHI] which is based on judgment of Larger Bench of the Tribunal in the case of CCE, Chennai vs. Bhuwalka Steel Industries Ltd. [2009 (11) TMI 177 - CESTAT, CHENNAI (LB)]. - Decided in favour of assessee. - Appeal No. 536/2011-EX(SM) - FO ORDER NO._51335/2013 - Dated:- 27-3-2014 - Ms. Archana Wadhwa, J. For the Appellant : Shri Anchal Jain, CA For the Respondent : Shri M.S. Negi, AR JUDGEMENT Per Ms. Archana Wadhwa: ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ioner and Commissioner (Appeals) the appellant pleaded that the loss of 2135 qtls. of molasses mentioned in their letter dated 29/5/09 as transit loss was actually storage loss on account of evaporation and the same being 0.45% of the total quantity of total molasses received is, condonable and Cenvat credit should not be required to be reversed in respect of the same, but this plea was not accepted. Against this order of the Commissioner (Appeals), the present stands filed. 2. Heard both the sides duly represented by Sh. Anchal Jain CA and Shri M.S. Negi DR. 2.1 It is the appellants contention that when the Jurisdictional Central Excise officer vide letter dated 19/5/09 asked the appellant to furnish information regarding transit l ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... dated 4th August 2003, that in view of this judgment of the Apex Court, a Division Bench of the Tribunal in the case of Jubilant Organosys Ltd. vs. CCE, Meerut - II reported in 2004 (177) E.L.T. 401 (Tri. - Del.) has taken the same view and has held that Cenvat credit cannot be denied in respect of the storage loss of molasses before use in the manufacture of final product, that even if this loss treated as transit loss, Cenvat credit cannot be denied, as in the case of Dhampur Sugar Mills Ltd. vs. CCE, Meerut - II reported in 2011 (264) E.L.T. 430 (Tri. - Del.), Tribunal relying upon Larger Bench judgment of the Tribunal in the case of CCE, Chennai vs. Bhuwalka Steel Industries Ltd. reported in 2010 (249) E.L.T. 218 (Tribunal) has held t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ss and not transit loss, is supported by the records maintained by them for the State Excise Authorities, wherein they have prepared monthly extracts of the opening balance of molasses, quantity received, quantity consumed and closing balance and storage waste/storage loss and the figure of 2135 qtls. of loss reported by the appellant under their letter dated 29/5/09 for the period 2007-2008 to 2008-2009 is the total of the storage losses during this period as per the records maintained by them for the State Excise Authorities, which have been examined by them. In view of this, I am of the view that the appellant s claim that the loss of 2135 qtls. reported by them in letter dated 29/5/09 is storage loss not transit loss is correct. Once it ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
