2004 (7) TMI 396 - AT - Central Excise

Summary

Issues: Recovery of duty amount and penalty for allegedly removed damaged Supari finished goods.

Analysis:
The appeal filed by the Revenue concerns the recovery of duty amount and penalty imposed on the respondents for allegedly removing damaged Supari finished goods. The Commissioner (Appeals) had confirmed the duty amount of Rs. 62,784/- and a penalty of Rs. 10,000/- against the respondents. However, the impugned order-in-appeal set aside this recovery. The key issue revolves around the alleged removal of damaged goods by the respondents, which was recorded in the RG-1 Register. The Commissioner (Appeals) accepted the respondents' explanation that the goods were damaged due to rain, and they reprocessed them along with other raw materials, without any allegation of clandestine removal.

Upon reviewing the record and considering both sides, it was found that the respondents are involved in the manufacture of Sweet Supari under the brand name 'Mogali'. The goods in question attracted a duty of Rs. 62,784/-, and the respondents duly recorded the entry in their RG-1 register. The damage to these goods due to rain led the respondents to score out the entry in the register, explaining the circumstances, and subsequently reprocessed the goods. The Commissioner (Appeals) accepted this explanation, emphasizing the absence of any evidence supporting clandestine removal by the respondents. The judgment upholds the findings of fact by the Commissioner (Appeals) as there was no material on record to challenge these findings.

Consequently, the impugned order passed by the Commissioner (Appeals) was upheld, resulting in the dismissal of the Revenue's appeal. Additionally, any cross-objections filed by the respondents were also disposed of accordingly. The decision rests on the lack of evidence supporting the allegation of clandestine removal, leading to the rejection of the Revenue's appeal and the affirmation of the Commissioner (Appeals)'s order.