2001 (9) TMI 599 - AT - Central Excise

Summary

Issues:
1. Appeal against order-in-appeal passed by the Commissioner (Appeals) regarding confiscation of Pan Masala and related penalties.
2. Shortage of Plastic Laminated Flexible film used in packing the Pan Masala leading to demand and penalties.

Analysis:
1. The case involved an appeal against an order-in-appeal passed by the Commissioner (Appeals) concerning the confiscation of Pan Masala and related penalties. The officers of Central Excise intercepted a Mini Bus outside the appellant's factory and seized 44 Cartons containing 1,32,000 Pouches of Umang Pan Masala. The driver admitted that this quantity of Pan Masala had been cleared without payment of duty. Additionally, a shortage of 461.75 Kg of Plastic Laminated Flexible film used for packing the Pan Masala was found during verification at the factory premises. The adjudicating authority imposed various fines, demands, and penalties, including redemption fine, confirmed demands, fines in lieu of confiscation, and penalties under different sections of the Central Excise Act and Rules.

2. The appellant contested the demand based on the shortage of Plastic Laminated Flexible film used in packing the Pan Masala. The appellant argued that no investigation was conducted by the Revenue regarding the raw material used in the final product's manufacture. Citing a previous Tribunal decision, the appellant contended that demand based solely on electricity consumption had been set aside. On the other hand, the Revenue claimed that the appellant received the laminated film as packing material, and the shortage found was indeed used in packing the final product. However, the appellant failed to provide any records regarding the consumption of the packing material in question.

3. The Tribunal examined the contentions of both parties and noted that the Revenue confirmed the demand solely on the grounds of the shortage of packing material without investigating other factors like raw material utilization or labor employed in the production process. Referring to the earlier Tribunal decision, the Tribunal held that mere electricity consumption was insufficient to assess production and that the demand based only on the shortage of packing material was not sustainable. Consequently, the demand of Rs. 1,66,230/- made due to the shortage of packing material was set aside, along with the associated penalties, redemption fine, and interest. The appeal was disposed of accordingly.