2005 (6) TMI 343 - AT - Central Excise

Summary

Issues:
Confirmation of duty and penalty on the Appellants by Commissioner (Appeals) for shortage of finished goods found in their factory.

Analysis:
The appeal before the Appellate Tribunal CESTAT, New Delhi involved the confirmation of duty and penalty on the Appellants by the Commissioner (Appeals) for a shortage of finished goods found in their factory. The duty of Rs. 38,424/- was confirmed against the Appellants, along with an equal amount of penalty, due to the shortage of finished goods discovered during a visit by a Central Excise officer to their factory premises. The physical verification conducted during the visit revealed a shortage of 20.258 MT of finished goods, specifically M.S. Bars. The Proprietor of the Appellants, Shri Ramesh Chander, acknowledged this shortage and promptly deposited the duty amount on the same day. The Appellants later claimed that the shortage was determined through eye estimation and not by weighment, but this assertion was dismissed as an afterthought. Shri Ramesh Chander's admission of the shortage, evidenced by his signed Panchnama and lack of retraction or request for re-verification, was considered conclusive proof by the authorities. The Tribunal upheld the impugned Order confirming the duty and penalty, emphasizing the reliability of Shri Ramesh Chander's admission.

The Appellants cited precedents such as M/s. Aar Kay Industries and Micro Forge Ltd. in their written submissions, but the Tribunal deemed these references inapplicable to the present case. The Tribunal concluded that the Appellants' reliance on these precedents did not alter the circumstances of the shortage of finished goods and the subsequent admission by Shri Ramesh Chander. Therefore, the impugned Order confirming the duty and penalty was upheld, and the appeal was dismissed. The judgment highlights the importance of credible admissions by the concerned parties in determining liability for duty and penalties in cases of shortages or discrepancies in goods during Central Excise inspections.