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2012 (12) TMI 909 - CESTAT NEW DELHIRevenue contends that Discrepancies claimed in respect of molasses loss by natural causes were denied and remission on 10710.50 quintals of molasses is ordered to be not permissible - Held that:- There may be volatility in the quantity in view of spirit element in molasses. But possible volatility was neither pleaded nor evidence was led by the appellant before adjudicating authority in that regard. Even that was not challenged questioning the manner of arriving at loss bringing out peculiar nature and factual circumstances. - When reasoned order of adjudication lends support to the case of Revenue it is difficult to discard the finding of adjudication. Accordingly, demand of excise duty is confirmed followed by interest, if any. It may be stated that learned Adjudicating Authority has reduced the penalty to 25% of duty element. Such an option being permitted by law, it would be proper to extend the same option of reduction in penalty confining that to 25% of duty demand which shall be reasonable and proper in the eyes of law - Decided partly in favour of assessee.
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