TMI Blog2004 (9) TMI 247X X X X Extracts X X X X X X X X Extracts X X X X ..... Central Excise under the impugned order rejected their application for remission of duty of Rs. 3,45,487.50. He pleaded that the appellants are manufacturing sugar and molasses is generated during the process of manufacture which is stored in steel tanks. The molasses is under the physical control of the State Excise Department and it cannot be cleared from the factory without the permission from ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tion of loss under proviso to Rule 49(1) of the Central Excise Rules where no time limit is prescribed. He stated that since storage loss was less than 2% as prescribed by the Board and this issue has been consistently considered by the Tribunal in the various decision and irrespective of the fact that the application for condonation of losses and remission of duty was made within 24 hours or not, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... which the Commissioner has rejected the remission of duty application was that the appellants have not reported loss within 24 hours. He also stated that some negative quantity was shown by the appellants in MF-5 Part-I statement. He, however, conceded that the Tribunal has been consistently condoning losses up to 2% and allowing remission of duty. 4. Shri Kapil Vaish, learned C.A. states that ..... X X X X Extracts X X X X X X X X Extracts X X X X
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