2007 (4) TMI 418 - AT - Central Excise

Summary

Issues: Discrepancy in weight of cleared goods, duty demand based on actual clearance weight, application of case law, remand for de novo proceedings.

In this judgment by the Appellate Tribunal CESTAT, Mumbai, the issue revolves around a discrepancy in the weight of goods cleared as per invoices and the actual weighment register. The audit party discovered this difference during a surprise check, leading to a show cause notice demanding duty based on the actual clearances made. The Order-in-original favored the department, but the Commissioner (Appeals) exonerated the assessee by applying a principle from a previous case. The department argued that duty should be paid based on the actual clearance weight, citing a Tribunal decision in a similar case where duty was imposed according to actual weighment, emphasizing the absence of any trade practice for sending goods in excess weight or shortage.

The Tribunal, after considering the arguments, decided to remand the matter back to the Commissioner (Appeals) for fresh proceedings. The Commissioner (Appeals) is directed to consider all submissions from both parties, including the case law presented during the hearing. By remanding the case, all issues are left open for further examination. Consequently, the appeal is allowed for remand in the specified terms, providing an opportunity for a comprehensive review of the case with all relevant factors considered for a fair decision.