2004 (8) TMI 433 - AT - Central Excise

Summary

Issues:
Penalty under Rule 25 of Central Excise (No. 2) Rules, 2001.

Analysis:
The judgment pertains to the imposition of a penalty under Rule 25 of the Central Excise Rules, 2001. The lower authorities had imposed a penalty of Rs. 50,000 on the grounds that the department was not informed about the removal of Textiles for reprocessing from the factory premises, and these goods were not properly accounted for in the statutory records. However, upon examination of Rule 25, it was noted that the violation mentioned pertained to removal by an unregistered manufacturer with the intent to evade duty. The CCE (Appeals) order revealed that the assessee had maintained a daily stock account and had appropriately recorded the quantity of goods for refinishing. The Range Superintendents' verification confirmed the proper maintenance of records, including specific identification marks on reprocessed goods recorded in the Computerised Daily Production Report. Consequently, the duty demands were set aside as there was no intent to evade duty. The elaborate system of control in the factory indicated that accounts could be effectively made and reported at any given time, leading to the conclusion that the charge of 'does not account' could not be upheld. Therefore, the penalty under Rule 25 was set aside, and the appeal was allowed.

This judgment highlights the importance of maintaining accurate records and proper documentation to demonstrate compliance with statutory requirements. It emphasizes the significance of having a robust system of control in place within the factory premises to ensure that all transactions are appropriately recorded and reported. The decision underscores the need for transparency and diligence in maintaining records to avoid penalties and allegations of intent to evade duty. By upholding the appeal and setting aside the penalty, the Tribunal recognized the efforts made by the assessee to maintain accurate records and comply with the relevant regulations, ultimately leading to a favorable outcome in this case.