2004 (6) TMI 573 - AT - Central Excise

Summary

Issues:
1. Shortage of inputs found during stock-taking.
2. Claim of waste and scrap by the appellant company.
3. Invocation of the extended period for demand of duty.
4. Acceptance of the Order-in-Appeal by the Commissioner.

Analysis:

1. The appellant company, engaged in the manufacture of paper and paper-board, filed an appeal against Order-in-Appeal No. 222/KOL-V/2003 passed by the Commissioner of Central Excise (Appeals), Kolkata. Central Excise Officers discovered a shortage of inputs compared to the recorded stock in RG-23A Part-I during a surprise visit on 19-1-95. The appellant claimed that the shortages were due to waste and scrap arising during production, and no extra duty was payable. They argued that the Commissioner should have accepted this explanation and that there was no suppression on their part to warrant the invocation of the extended period for demand of duty.

2. The Commissioner (Appeals) acknowledged the shortage of inputs but rejected the appellant's claim regarding waste and scrap generation. The Commissioner found that the appellant failed to provide any evidence supporting their claim or the ratio of waste and scrap generation. Consequently, the extended period for demand of duty was deemed applicable as the Commissioner determined that the fact of shortage had been suppressed by the appellant. The Commissioner confirmed the demand amounting to Rs. 81,788.40, which the appellant admitted.

3. During the hearing, the appellant's consultant reiterated the grounds of appeal, while the Revenue representative supported the Commissioner's findings. The Tribunal reviewed the Order-in-Appeal and upheld the Commissioner's decision. The Tribunal noted that the Commissioner had appropriately addressed the appellant's submissions and correctly applied the extended period for demand of duty. As the appellant failed to substantiate their claim of waste and scrap, and the suppression of shortage facts was established, the Tribunal upheld the Order-in-Appeal and dismissed the appellant's appeal.

In conclusion, the Tribunal affirmed the Commissioner's decision, emphasizing the lack of evidence supporting the appellant's claim of waste and scrap as the reason for shortages. The Tribunal agreed with the Commissioner's application of the extended period for demand of duty due to the suppression of facts by the appellant. Consequently, the appeal filed by the appellant company was rejected, and the Order-in-Appeal confirming the duty demand was upheld.