2005 (10) TMI 300 - AT - Central Excise

Summary

Issues Involved:
1. Imposition of redemption fine on the appellants for excess raw material found in their factory.
2. Charging duty on goods cleared by the earlier company.
3. Duty charged on scrap.

Analysis:

1. Imposition of Redemption Fine:
The appeal was filed against the imposition of a redemption fine on the appellants due to excess raw material found in their factory. The advocate for the appellants argued that the raw material was not purchased by them, and they did not avail any Modvat credit. It was explained that the raw material was brought from another unit due to a flood problem in that unit. The advocate relied on previous tribunal decisions to support their case. The tribunal found that the confiscation of goods and the redemption fine should have been imposed on the other unit that originally owned the raw material. As no Modvat credit was availed by the appellants, the confiscation of inputs at their unit was deemed incorrect and set aside.

2. Charging Duty on Goods Cleared by Earlier Company:
Regarding the demand of duty on goods cleared by the earlier company, the advocate argued that the appellants purchased the factory from the previous company and any liability should be against the former company. The tribunal agreed that since the duty liability was not fixed on the previous company when the appellants purchased it, the duty cannot be imposed on the appellants. Evidence, including a C.A. certificate, was presented to support the discrepancy in sales figures, which was accepted by the Settlement Commission. The tribunal allowed the appeal on this ground.

3. Duty Charged on Scrap:
The advocate conceded that the duty demand on scrap was for a small amount and did not contest it. Consequently, the tribunal rejected the appeal on this aspect. Overall, the tribunal partially allowed the appeals, set aside penalties imposed on the appellants, and ruled in favor of the appellants on the issues of redemption fine and duty charged on goods cleared by the earlier company.

In conclusion, the tribunal's decision favored the appellants by setting aside the redemption fine and duty liabilities that were incorrectly imposed on them, while upholding the duty demand on scrap due to the small amount involved.