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2016 (10) TMI 571 - ALLAHABAD HIGH COURT

2016 (10) TMI 571 - ALLAHABAD HIGH COURT - 2016 (334) E.L.T. 434 (All.) - Denial of remission of Excise Duty - quantity not kept in steel tank - whether denial justified on the ground that quantity which was required to be kept in steel tank was not kept? - Held that: - the appellant was duty bound to keep the molasses in the three tanks to their full capacity. Since appellant has not utilized the three tanks to the fullest capacity so the Tribunal was justified in granting remission of excise d .....

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Order No. 32/2008, dated 11-1-2008 passed by Customs, Excise and Service Appellate Tribunal, New Delhi [2008 (225) E.L.T. 298 (Tribunal)]. 2. Heard the learned counsel for the appellant and the learned counsel for the respondent. 3. The learned counsel for the appellant submitted that learned Tribunal has rejected the remission application in respect of part quantity on the ground that appellant could have served it from auto combustion by storing 12,172 qtls. more in steel tank. 4.&em .....

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