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2017 (5) TMI 947 - AT - Central ExciseGoods lost during storage of petroleum products on account of natural evaporation - demand on the ground that storage is exceeding the limit as prescribed by CBEC - Held that: - The Appellant is a Govt. of India Undertaking. There are no malafides involved and there is no clandestine removal of the goods. The goods have been lost in the natural course because of their volatile nature - the matter is squarely covered by the Tribunal’s decision in the case of The Commissioner C & C.E, Hyderabad Versus M/s Bharat Petroleum Corpn. Ltd. [2016 (6) TMI 1020 - CESTAT HYDERABAD], where it was held that The fact that loss in storage is bound to take place for petroleum products is well accepted, and demand was set aside as the losses are due to natural causes - the subject storage loss is well accepted fact - demand set aside - appeal allowed - decided in favor of appellant.
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