Home Case Index All Cases Central Excise Central Excise + HC Central Excise - 2017 (8) TMI HC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2017 (8) TMI 1370 - MADRAS HIGH COURTPercentage of acceptable loss of oil - handling and storing lubricating oil and grease - percentage of loss which was adopted at 0.21% was for the period 1997-98 - C.B.E.C. dated 4-10-1976 - Held that: - Admittedly, the most important factor which has to be considered while assessing the spillage loss or loss which may occur during the course of packing is, the manner in which the repacking or packing is done at the factory of the concerned assessee - Obviously, in the year 1976, there was no much automation in various factories except in auto mobile industries. The percentage of loss which was adopted at 0.21% was for the period 1997-98. Subsequently, the loss in case of other assessees has been fixed between 0.4% to 0.5%. Therefore, it will be inequitable for the second respondent to adopt a percentage of loss which was fixed in the 1976 regardless of the facilities available in the assessee’s factory. The matter is remanded back to the first respondent to apply a percentage for spillage and loss during repacking by calculating an average, which was adopted in the case of the petitioner for the earlier three assessment years - petition allowed by way of remand.
|