2006 (11) TMI 385 - AT - Central Excise

Summary

Issues involved:
The issues involved in the judgment are related to the shortage of raw materials valued at Rs. 33.42 lakhs involving Cenvat Credit, initiation of proceedings through a show cause notice proposing reversal of Modvat credit, and imposition of personal penalty. The appeal against the order confirming the demand of duty and imposing a penalty was unsuccessful before the Commissioner (Appeals), leading to the present appeal.

Shortage of Raw Materials and Cenvat Credit:
The appellants, engaged in the manufacture of ICD Engines, PD Pumps, and Gensets, availed the Cenvat Credit facility. A shortage of raw materials valued at Rs. 33.42 lakhs involving Cenvat Credit of Rs. 5,34,746/- was identified as per the Internal Audit Report for the year 2002-2003. The appellants explained that the shortage was not due to mis-utilization but various reasons, supported by the Cost Accountant's letter detailing the reasons for the shortages. Despite the introduction of a sophisticated computerized accounting system, inaccuracies might have occurred during the implementation stage due to the transfer from the old system.

Initiation of Proceedings and Imposition of Penalty:
Proceedings were initiated against the appellants through a show cause notice proposing the reversal of Modvat credit. The Joint Commissioner passed an order confirming the duty demand and imposing a personal penalty of an identical amount. The appellants contended that their production involved complicated material movement and accounting systems, with a sophisticated computerized system introduced in 2002-2003. They argued that the shortage, when neutralized against excess inventory, was insignificant at 0.2% of the total material consumed, considering the volume and nature of their business.

Appellate Authority's Observations and Decision:
The appellate authority noted the appellants' reliance on the Tribunal's decision in a similar case involving Maruti Udyog Ltd. However, the authority observed that the said decision had not been accepted by the department, with a Special Leave Petition filed before the Supreme Court. Despite the shortage of raw material amounting to 0.2% and no evidence of clandestine clearance or non-payment of duty, the appellants were required to explain the shortages after availing the credit. Considering the complex accounting issues and the small fractional variation in inputs within the tolerance limit, the appellate authority set aside the impugned order and allowed the appeal with consequential relief.

Conclusion:
The judgment by the Appellate Tribunal CESTAT, Mumbai, highlighted the importance of considering the context of shortages in raw materials within the overall business operations and accounting systems of the appellants. The decision emphasized the need to assess such discrepancies in light of industry practices and tolerance limits, ultimately leading to the setting aside of the order confirming the duty demand and penalty imposition.