2005 (9) TMI 389 - AT - Central Excise

Summary

Issues: Duty demand and penalty confirmation based on shortage of sugar found during physical stock verification.

Analysis:

1. Duty Demand and Penalty Confirmation: The appeal stemmed from a duty demand of Rs. 17,000/- and an equal penalty amount confirmed due to a shortage of 200 Quintals of Sugar compared to the stock detailed in the RG-1 register. The Commissioner (Appeals) highlighted the initial Panchnama drawn in the presence of the Chief Chemist and two independent witnesses regarding the shortage. The appellant's reliance on a subsequent Panchnama, drawn without notice to the CE Officer, was dismissed. The Tribunal, after hearing both sides and examining the records, upheld the sustainability and correctness of both orders. The appellants' argument that the goods were hypothecated to the bank, thus no shortage existed, was considered. However, as the shortage was confirmed during physical verification in the presence of the Chief Chemist, the Tribunal rejected the appellant's claim that the stocks were available at a later period. The reliance on the subsequent Panchnama by the appellants was deemed unacceptable since it was not intimated to the departmental officers, and the earlier Panchnama was not challenged. Consequently, the Tribunal confirmed the duty demand but reduced the penalty from Rs. 17,000/- to Rs. 2,000/-, considering the overall facts and circumstances.

2. Conclusion: The Tribunal, after a thorough review of the facts and arguments presented, found no merit in the appeal except for the modification of reducing the penalty amount. The decision was pronounced in open court at the conclusion of the hearing, affirming the duty demand while adjusting the penalty, thereby dismissing the appeal with the mentioned penalty reduction.