2006 (3) TMI 595 - AT - Central Excise

Summary

Issues:
Appeal against Order-in-Appeal rejecting the appeal, shortage and excess stock found during stock-verification, confiscation of excess goods, demand of duty for goods found short, contesting show cause notice, confirmation of demand and confiscation by adjudicating authority, appeal against order-in-original.

Analysis:
The appeal was directed against the Order-in-Appeal which rejected the appellant's appeal based on the findings during stock-verification at the factory premises. It was observed that there was a shortage in four items and an excess stock in one item compared to the recorded balance. Subsequently, a show cause notice was issued for confiscation of the excess quantity and demand of duty for the goods found short. The adjudicating authority confirmed the demand and confiscated the excess goods, which was upheld by the appellate authority, leading to the current appeal.

The appellant's consultant argued that the goods found short were taken for reprocessing and subsequently cleared on payment of duty, supported by RG-I records. Regarding the excess goods, it was contended that they were not meant for clearance without duty payment as per the adjudicating authority's own observation. On the other hand, the J.D.R. highlighted the lack of cooperation from the appellants during the investigation, emphasizing that delayed explanations were unacceptable. Reference was made to a relevant case law to support this argument.

Upon reviewing the submissions and records, it was noted that the adjudicating authority acknowledged that the excess goods were not intended for clearance without duty payment and lacked evidence of any surreptitious removal. Consequently, the decision to confiscate the excess stock and impose penalties was deemed unjustified. Therefore, the confiscation and penalties related to the excess goods were set aside. However, for the goods found short, explanations provided were deemed insufficient as entries for reprocessing were made after the stock-taking, indicating a lack of proper procedure. The appellant's failure to satisfactorily explain the shortages led to the confirmation of duty demand and penalties for the shortage.

In conclusion, the appeal was partly allowed, with the confiscation of excess goods being set aside along with the associated penalties. However, the duty demand and penalties for the shortage of goods were upheld, resulting in a partial allowance of the appeal.