KESAR ENTERPRISES LTD (SUGAR DIV ) Vs. COMMR OF CUS & C EX, MEERUT-II
LAWS(ALL)-2007-7-353
HIGH COURT OF ALLAHABAD
Decided on July 16,2007

Kesar Enterprises Ltd (Sugar Div ) Appellant
VERSUS
Commr Of Cus And C Ex, Meerut-Ii Respondents

JUDGEMENT

- (1.) We have heard learned counsel for the applicant and Sri K.C. Sinha, for the respondent. The applicant has sought a reference to be called with regard to all or any of the seven questions of law framed and mentioned in paragraph 8 of the application.
(2.) Molasses attract Central Excise Duty. The applicant is a manufacturer of molasses. A shortage in stock of molasses was detected by the respondent-department. Initially, the action was sought to be taken with regard to suspicion of clandestine removal' of stocks, which were found short. That proceeding was dropped with the finding that clandestine removal' was not established.
(3.) However, the prayer of the applicant for remission of duty on the shortage has been rejected up to the level of Tribunal. The order of the Tribunal dated 7-3-2003 has been enclosed as Annexure 10 to this application.;


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