2005 (2) TMI 598 - AT - Central Excise

Summary

Issues: Duty demand and penalty based on shortage of molasses in the tank.

Paragraph 2: The appellant's defense consists of two main arguments. Firstly, they claim that the quantity of shortage has been incorrectly calculated, with a difference of 548 quintals due to a discrepancy in tank calibration. The appellant argues that based on the dip reading stock in tank No. 2, the actual shortage should only be 62 quintals. Secondly, the appellant contends that even if the higher quantity of shortage is considered, it falls within the 2% norm prescribed in a Board's Circular. Additionally, the Chartered Accountant representing the appellant asserts that the alleged shortage is merely notional as duty was paid on the entire clearances of molasses at a specific rate.

Paragraph 3: In response to the appellant's submissions, the JDR highlights that the calculation error was not raised during the stock taking process. It is emphasized that the appellant's representative had signed off on the quantity calculated at the time of stock taking.

Paragraph 4: The Tribunal finds merit in the appellant's explanation. The calibration of the tanks, accepted by Weights and Measures authorities, is not disputed. Considering the depth of molasses in the tank and the calibration chart, the appellant's contentions are deemed valid. The shortage, even with the higher quantity, amounts to only 1.62%, well within the loss limit specified in the Board Circular. The Tribunal concludes that the difference in quantity is likely due to natural causes, and therefore, rules that the duty demand is unjustified. The appeal is allowed, and the impugned order is set aside.