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TMI Blog2011 (6) TMI 629X X X X Extracts X X X X X X X X Extracts X X X X ..... al Revenue is in appeal against the impugned order wherein the Commissioner (Appeals) has allowed the claim of the respondent of shortage of molasses in transportation to their factory. 2. The respondents are the manufacturer of various organic chemicals for which they required molasses as an input. The respondents are availing credit on molasses used in manufacturing of their final produc ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s are entitled to take credit only on the quantities which they have received in their factory. In this case, it is apparent on the record that the respondents had received less quantity as compared to the quantity shown on the invoices. Therefore, they have taken excess credit on the inputs which is required to be reversed. He further submitted that the lower appellate authority has relied on the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... it. He also relied on the decision of the Larger Bench of this Tribunal in the case of CCE vs. Bhuwalka Steel Industries Ltd. - 2010 (249) ELT 218 (Tri. - Larger Bench) wherein guidelines has been framed out for giving benefit to the assessee for losses during the course of transit of their goods wherein it has been stated that if the impugned goods lost in transit due to natural cause by way of e ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ot be allowed. We have considered the contention of the learned Advocate, that the variation of 1% is permissible as per the Bombay molasses Rules,1955. Moreover, Larger Bench of this Tribunal in the case of Bhuwalka Steel Industries Ltd. (supra) has laid down the guidelines that the assessee is entitled to avail credit of variation of the quantity with the permissible limit upto 2% during transit ..... X X X X Extracts X X X X X X X X Extracts X X X X
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