2003 (12) TMI 402 - AT - Central Excise

Summary

Issues: Stock verification process, waiver of pre-deposit of duty and penalty

Stock Verification Process:
The appellant argued that there was an error in ascertaining the stock of nickel catalyst, a major portion of the demanded amount. They contended that the panchnama did not accurately determine the quantities of nickel catalyst in each packing, despite the raw material being physically present in the factory as per the records. The appellant also highlighted that they had promptly communicated the stock position to the departmental authorities after the case proceedings began, but no re-verification was conducted by the authorities. The Tribunal acknowledged the need for a re-verification before confirming shortages in the raw material. Consequently, the Tribunal found merit in the appellant's argument and waived the pre-deposit of the duty and penalty, staying the recovery until the appeal's disposal.

Waiver of Pre-deposit of Duty and Penalty:
The appellant sought a total waiver of the pre-deposit of duty and penalty, emphasizing the alleged errors in the stock verification process. They argued that there was no variation in the stock position, as claimed in their communication to the authorities. On the other hand, the Departmental Representative contended that the stock position had been accurately recorded after detailed verification and panchnama, suggesting that the appellant lacked a strong prima facie case to warrant a total waiver. However, the Tribunal, after considering the arguments from both sides, opined that the department should have conducted a re-verification of the stock position before confirming the shortages. In light of this, the Tribunal granted the appellant's request for a total waiver of the pre-deposit of duty and penalty, with recovery stayed pending the appeal's final disposal.

This judgment by the Appellate Tribunal CESTAT, Mumbai addressed the issues of stock verification process and the waiver of pre-deposit of duty and penalty. The Tribunal found that the appellant's concerns regarding errors in stock verification process were valid, as no re-verification was conducted by the authorities despite the appellant's prompt communication of the stock position. Consequently, the Tribunal waived the pre-deposit of duty and penalty, staying the recovery until the appeal's final disposal, highlighting the importance of accurate stock verification procedures in such cases.