2004 (11) TMI 474 - AT - Central Excise

Summary

Issues:
1. Discrepancies in stock records leading to disallowance of Modvat credit and imposition of penalty.
2. Commissioner's order dropping major portion of the demand but confirming a specific amount.
3. Appeal against the Commissioner's order by the revenue.

Analysis:
1. The case involved discrepancies in the respondent's factory stock records, leading to a show cause notice proposing disallowance of Modvat credit and penalty imposition. The respondent's Works Accountant attributed the differences to system, clerical, and documentation errors, depositing an amount under protest. The Commissioner's order was based on verifications and explanations provided during adjudication, ultimately confirming a demand of Rs. 3,88,763/-.

2. The Commissioner's order was challenged in the appeal, with the revenue contending that the discrepancies did not prove clandestine removal of goods. The Commissioner, however, relied on the Superintendent's report to reconcile the discrepancies, emphasizing that irregularities in stock records alone do not indicate clandestine removal. The Commissioner's decision to drop the demand after reconciliation was upheld, rejecting the revenue's argument against the basis for dropping the demand.

3. The appellate tribunal, after considering the arguments presented by both parties, found no merit in the revenue's plea and upheld the Commissioner's order. The tribunal emphasized the importance of reconciling discrepancies with the help of Superintendent's reports before drawing conclusions regarding clandestine removal. Consequently, the revenue's appeal was rejected, affirming the Commissioner's decision in the matter.