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2012 (9) TMI 739 - GOVERNMENT OF INDIADemand of duty and penalty – shortage of various grades of lubricating oils manufactured by assessee and packed in unit containers – Held that:- Argument that the conversion loss was noticed only at the time of annual stock taking is a fallacy and therefore it cannot be accepted. The applicants did not produce any scientific literature or authentic evidence from authorized agency to prove that vagaries of weather or viscosity can induce/cause loss or shortages on lubricating oil - assessable value which is based on the packing quantities of each grades varies for packing quantities of different grades and even varies for different packing quantities under the same grade and as such the shortages found in packed lubricating oil of different grades and packing quantities cannot be adjusted with the excess found in another set of different grades and packed quantities especially when all these were packed goods which were entered in the statutory daily stock register as manufactured excisable goods, on which duty is chargeable – demand of duty and penalty upheld
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