2008 (5) TMI 463 - AT - Central Excise

Summary

Issues involved: Appeal against adjudication order confirming demand, confiscation of excess goods, imposition of penalties, and non-recording of statement u/s 14 of Central Excise Act.

Adjudication Order: The appellant appealed against the order confirming a demand of Rs. 19,60,247/-, confiscation of excess goods, and imposition of penalties by the Commissioner of Central Excise.

Facts of the Case: The appellant, engaged in manufacturing tobacco products, had excess goods in their factory premises. The goods loaded in a truck exceeded the declared quantity, and additional goods were found in undeclared premises during a search. Loose papers indicated production not reflected in statutory records.

Appellant's Contention: The appellant argued that certain statements were not recorded u/s 14 of the Central Excise Act, and the confiscation of excess goods was unjust as they were to be entered in records later. They disputed the demand based on loose sheets, claiming lack of evidence for duty evasion.

Revenue's Contention: The Revenue contended that undeclared storage of goods and discrepancies in loaded goods justified confiscation. They argued that deliberate manipulation was evident from discrepancies and unrecorded production and clearance data.

Judgment: The Tribunal found that the appellant concealed raw materials and excess goods, with unrecorded production data and deliberate manipulation admitted by involved parties. Excess goods were packed to conceal actual weight, leading to dismissal of the appeals. Confiscation of excess goods and penalties were upheld.

Conclusion: The Tribunal dismissed the appeals, upholding the demand, confiscation of excess goods, and penalties imposed based on deliberate concealment and manipulation of records by the appellant.