- (1.) Heard Sri Ashok Singh, learned counsel for the department and Dr. Y.K. Srivastava, learned counsel for the assessee.
(2.) The present central excise appeal was admitted on the substantial question of law which reads as under: "Whether the remission of duty involved on storage loss of molasses be allowed even without filing of remission application though prescribed specifically in the statute under Rule 21 of Central Excise Rules, 2002?"
(3.) From the record of the present appeal, we find that the adjudicating authority namely the Joint Commissioner, Central Excise, Meerut-I, vide the Order-in-Original No.05/JC/04 dated 30.03.2004 held that the assessee was liable for payment of Rs.5,40,192/- under Section 11-A of the Central Excise Act, 1944 in respect of loss of 10803.84 quintals of molasses. Penalty of like amount was also imposed upon the assessee.;