2001 (8) TMI 1014 - AT - Central Excise

Summary

Issues:
1. Allegation of removal of final product without payment of duty.
2. Discrepancy in invoices and records.
3. Imposition of penalty by Asst. Commissioner.
4. Appeal against the decision of Commissioner (Appeals).
5. Claim of re-processed items received back from customers.
6. Requirement for further evidence and documents.
7. Remand of the matter for de novo decision.

Analysis:
The appellants, engaged in manufacturing iron and steel products, faced a show cause notice for the demand of duty amounting to Rs. 92,876 due to the alleged removal of final products without duty payment. The discrepancy arose from a comparison between private records and the RG-1 register entries. During adjudication, the appellants clarified that certain goods cleared without duty were actually returned damaged goods, supported by D-3 intimations and previous invoices. Additionally, they explained the handling of defective quantities and waste scrap, which were sent back for re-melting.

The Asst. Commissioner, not convinced by the appellant's explanations, confirmed the duty demand and imposed a penalty of Rs. 2,000. This decision was upheld by the Commissioner (Appeals), leading to the current appeal. The appellant's representative argued that the clandestine removal charge was unjustified as the invoices in question related to goods previously cleared with duty payment. They presented a detailed chart showing the flow of goods, indicating no clandestine removal but rather a duty payment at the initial clearance.

Upon review, the tribunal acknowledged the appellant's claim and the availability of supporting documents, which were not presented earlier due to the factory closure. Consequently, the tribunal remanded the matter to the Asst. Commissioner for a fresh decision. The tribunal emphasized the need for proper consideration of the appellant's defenses, especially regarding re-processed items and the handling of quantities out of the RG-1 register. The decision highlighted the importance of allowing the appellants to provide additional evidence before reaching a final judgment.