2002 (9) TMI 736 - AT - Central Excise

Summary

Issues: Allegation of irregular credit availed, clerical mistake in accounting, absence of evidence for clandestine removal of input, contradiction in findings, setting aside the impugned order.

Allegation of Irregular Credit Availed:
The case involved an allegation that the appellant availed irregular credit of specified duty paid on pacol catalyst used in the manufacture of LAB. The show cause notice claimed that the pacol catalyst was never used in the manufacture of LAB and was written off. The appellant argued that the entries in the general ledger indicated a clerical mistake, where the catalyst was written off instead of being transferred to the import account. The appellant presented invoices and documents to support their claim that the catalyst was sent for treatment and refining to recover platinum. The Tribunal noted the appellant's submission that the spent pacol catalyst was sent to job workers for recovery of platinum and that there was no evidence of clandestine removal of the input.

Clerical Mistake in Accounting:
The appellant contended that the entire issue was a result of a clerical mistake in accounting, where the amount related to the pacol catalyst was debited to the wrong account. The appellant argued that the amount should have been accounted for in the import account instead of the stock account. The Tribunal accepted the appellant's explanation that the mistake was clerical in nature and not indicative of any clandestine removal of the pacol catalyst.

Absence of Evidence for Clandestine Removal of Input:
The Department argued that the demands were based on the appellant's own account, where they indicated that the pacol catalyst had been written off. However, the Tribunal found no separate account for spent pacol catalyst and emphasized the lack of evidence supporting the claim of clandestine removal of the input. The Department failed to provide documentary evidence to prove the alleged removal of the pacol catalyst.

Contradiction in Findings:
The Tribunal observed a contradiction in the findings recorded by the original authority, who acknowledged that it was inconceivable for the original pacol catalyst to be sent for recovery of platinum instead of being used in the manufacturing process. The Tribunal clarified that only spent pacol catalyst was sent for recovery, not the original pacol catalyst. This contradiction in findings led to the conclusion that the impugned order was based on erroneous reasoning.

Setting Aside the Impugned Order:
After reviewing the case records and submissions, the Tribunal concluded that the entire issue stemmed from an accounting mistake and there was no concrete evidence of clandestine removal of the pacol catalyst. The Tribunal set aside the impugned order, noting that the findings were based solely on the order-in-original, which was found to be flawed. As a result, the appeal filed by the appellant was allowed, overturning the original decision.