TMI Blog2015 (1) TMI 24X X X X Extracts X X X X X X X X Extracts X X X X ..... ne or by other means of transports, if they are not solid, there is every chance of loss of quantity of the goods by way of evaporation. Therefore, as held by the Hon’ble High Court of Bombay in the appellant’s own case (2013 (3) TMI 481 - BOMBAY HIGH COURT) transit loss can be allowed. I also find that in this case the transit loss is varying between 0.01 and 0.72% which is admissible in the fact ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... urer of petroleum products. They were receiving the Lube Base Oil through pipeline. During the course of transportation of the goods, they have received less quantity varying from 0.01% to 0.72% as per the invoices. Revenue was of the view that as the appellant has received less quantity as shown in the invoices therefore, they are not entitled to take Cenvat credit on the differential quantity. A ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... portation of Naphtha is highly volatile in nature, in that case transit loss can occur. But in this case, Lube Base Oil is not a volatile product therefore, transit loss on such percentage is not permissible. Therefore, the impugned order is required to be confirmed. 6. Considered the submissions made by both the sides. 7. As the issue involved in a narrow compass therefore after waiving the ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
