2004 (10) TMI 545 - AT - Central Excise

Summary

Issues:
1. Shortage of raw material noticed during surprise visit to factory.
2. Allegation of manipulation of records and suppression of facts.
3. Application of penalty under Rule 57(1)(4).

Analysis:
1. The appellant's counsel argued that the shortage of soda ash was due to handling loss over the years and that the missing quantity was sent to a job worker. The counsel emphasized that there was no shortage or excess in the finished goods, indicating no discrepancy in the final product. Reference was made to a previous judgment to support the argument that the case was based on a clerical mistake in an invoice. The appellant also highlighted that no statement was recorded from the job worker who returned the raw material.

2. On the other hand, the revenue representative contended that manipulation of records occurred after the officers' visit, suggesting a willful misstatement to evade duty. The revenue relied on specific paragraphs in the records to establish suppression of facts and the application of penalties. The extended period under Rule 57F(1)(2) was cited as applicable due to the alleged misstatement.

3. The judge reviewed the submissions and records, noting that the case relied heavily on presumptions and statements from an Assistant Manager who later retracted his statement. The judge criticized the department for not seizing records if they suspected wrongdoing. The judge found the appellant's argument more plausible, emphasizing that no shortage or excess was found in the final products. Referring to a prior judgment, the judge emphasized the need for positive evidence to support demands and penalties. The judge also questioned the absence of statements from the job workers involved, suggesting a lack of thorough investigation by the department.

In conclusion, considering the overall facts and circumstances, the judge allowed the appeal, setting aside the impugned order and disposing of the stay application.