2003 (3) TMI 615 - AT - Central Excise

Confiscation of goods - Non-accountal of goods - Demand - Clandestine manufacture and removal

Summary

Issues:
1. Confiscation of goods and imposition of penalty.
2. Shortage of inputs and duty demand.
3. Imposition of penalties under different rules.

Confiscation of Goods and Imposition of Penalty:
The appeal was filed against an order modifying penalty but upholding confiscation of goods, duty, and penalty. Central Excise officers found excess PVC compound and shortage of PVC resin and DOP during a visit to the factory premises. The show cause notice was issued for duty payment on the short stock with penalty. The appellants contended that the excess goods were not finished and were awaiting testing as per ISI standards. The Tribunal held that goods not yet finished could not be legally confiscated. However, goods loaded in the tempo were considered finished and subject to confiscation. The redemption fine and penalty were reduced accordingly.

Shortage of Inputs and Duty Demand:
The authorities confirmed duty on inputs found short, assuming clandestine manufacturing and clearance. The appellants argued that the short inputs were used in goods awaiting testing. No evidence of clandestine activities was found, and no duty evasion was alleged. The Tribunal accepted the appellants' plea, stating that duty demand on inputs used in goods found in excess could not be confirmed without evidence of duty evasion. The duty demand was set aside.

Imposition of Penalties under Different Rules:
The adjudicating authority had imposed a penalty under various rules and sections. The Commissioner modified the penalty under some rules but maintained it under others without specifying the amount. The Tribunal reduced the penalty to Rs. 5,000 considering the lapse in accounting for 3,600 kgs of finished goods. The impugned order was modified accordingly, and the appeal was disposed of with appropriate relief.

In conclusion, the Tribunal ruled in favor of the appellants regarding the confiscation of goods not yet finished and the duty demand on short inputs. The penalties imposed were reduced based on the specific circumstances of the case.