2002 (9) TMI 525 - AT - Central Excise

Summary

Issues:
- Confirmation of duty demand and penalties
- Allegation of clandestine removal
- Discrepancy in stock verification

Confirmation of Duty Demand and Penalties:
The case involved appeals by M/s. M.P. Iron & Steel Co. and Shri N.K. Jain against the confirmation of duty demand and penalties imposed by the Commissioner. The Commissioner confirmed a duty demand of Rs. 52,86,759 along with penalties, including a penalty of Rs. 5 lakhs on Shri N.K. Jain, the General Manager. The dispute arose from a discrepancy in the stock of Billets and Blooms found during a physical verification by Central Excise officers at the factory premises. The appellants argued that the alleged shortage was due to grinding loss, which is a normal part of the manufacturing process, and the waste generated is cleared on payment of duty. The Tribunal noted that the Commissioner's findings were based on a presumption without concrete evidence of clandestine removal. The Tribunal set aside the Commissioner's decision, holding that there was no sustainable evidence to support the duty demand and penalties.

Allegation of Clandestine Removal:
The primary issue revolved around the allegation of clandestine removal based on the difference in weight between the Billets and Blooms and the wire rods obtained after grinding. The appellants contended that the weight difference was due to the grinding process, which generates waste and scrap cleared on payment of duty. The Tribunal agreed with the appellants, emphasizing that there was no evidence of actual removal of goods outside the factory without duty payment. The Tribunal highlighted that the loss in weight during grinding was a normal occurrence and not indicative of clandestine removal. Citing previous judgments, the Tribunal concluded that the allegation of clandestine removal lacked substantiated evidence and was not justified.

Discrepancy in Stock Verification:
The discrepancy in stock verification arose due to the difference in weight between the Billets and Blooms recorded in the RG.I Register and the wire rods/rounds produced after grinding. The appellants explained that this difference was attributable to grinding loss, which is an inherent part of the manufacturing process. They argued that the waste generated during grinding accounted for the weight variance and was duly cleared on payment of duty. The Tribunal, after considering the submissions and evidence, found that the Commissioner's findings were not legally sustainable. The Tribunal emphasized that the weight difference was a result of the grinding process and waste generation, not clandestine removal. Consequently, the Tribunal allowed the appeals, setting aside the duty demand and penalties imposed by the Commissioner, and directed any necessary relief to the appellants as per the law.