2003 (12) TMI 409 - AT - Central Excise

Summary

Issues:
Challenging demand of duty based on processing loss calculation.

Analysis:
The appellants contested the demand of duty amounting to Rs. 1,04,027, which was imposed due to allegedly showing a higher processing loss during the conversion of brass scrap into billets. The Assistant Commissioner found the appellants guilty of overestimating the processing loss at 5.8%, which was deemed excessively high compared to the industry standard of 1% to 1.5%. Consequently, the demand was reduced to Rs. 1,04,027 from Rs. 1,25,361 by allowing a 1% melting and processing loss. The Commissioner (Appeals) upheld this decision, leading to the appeal before the Tribunal.

Upon review, the Tribunal noted that apart from the issue of processing loss, no other adverse findings were presented to justify the duty demand. Discrediting the appellants' processing loss claim implied a suspicion of clandestine consumption of raw materials, potentially leading to duty evasion. However, during inspections, no excess stock was found, casting doubt on the allegation of clandestine removal. The Tribunal emphasized the lack of credible evidence supporting the evasion charge, highlighting that assumptions alone were insufficient to sustain such serious accusations. Consequently, the Tribunal deemed the lower authority's decision to confirm the demand and impose a penalty as baseless and unsustainable. As a result, the appeal was allowed, and the Commissioner (Appeals) order was overturned.