SALASAR TRADING COMPANY Vs. UNION OF INDIA

JUDGEMENT

(1.) As these two appeals arise from a common order dated 20.10.2011 passed in Claim Case Nos. OC 00021 and OC 00022 of 2010 passed by the Railway Claims Tribunal, Patna Bench, Patna hence both the appeals have been taken up together with a view to its final disposal with consent of the parties. Heard Mr. Krishna Mohan Murari, learned counsel for the appellant in the two cases and Mr. Anil Kumar Sinha, learned counsel for the Union of India-Ministry of Railways.

(2.) The only issue that falls for consideration in these two appeals is as to whether 'paddy husk' would fall within the tariff entry, 'fodder and husk' in terms of the Goods Tariff No. 45 part-1 (Vol.-II) under Group No. 25, Division-D and thus would be entitled to 50% concession at the time of booking.

(3.) The facts are not in dispute and thus are not being discussed. Suffice it to say that the appellant had loaded 'paddy husk' by railway from Sasaram Railway Station to Khanna in the State of Punjab. As the goods packed in the Jute bags were labelled as 'paddy husk', the railways receipts also mentions the same. Since according to the respondents, 'paddy husk' is not an item of concession in terms of the Goods Tariff No. 45 under Group No. 25, Division-D, hence the appellant was held not entitled to 50% concession on the freight charges.