2008 (4) TMI 575 - AT - Central Excise

Summary

Issues involved:
Demand of duty on excess despatched cement quantity, discrepancy in weight during despatch, liability to pay excise duty, application of Standards of Weights and Measures Act, Tribunal judgments comparison.

Analysis:

1. Demand of Duty on Excess Despatched Cement Quantity:
The appeal concerns a dispute over the demand of duty on cement despatched in excess by the respondent. The authorities identified a difference in weight between the invoice and weighment slip during April to July 2000, leading to a show cause notice for recovering the differential duty. The adjudicating authority confirmed the demand, imposed penalties, and ordered interest recovery. The Commissioner (Appeals) later set aside the original order, prompting the revenue's appeal.

2. Discrepancy in Weight During Despatch:
The core issue revolves around the weight variation observed between the automatic bag filling quantity and the weighment slip. The respondent argued that the difference of 0.005% falls within permissible limits under the Standards of Weights and Measures Act. They emphasized that the weighment discrepancy was due to weighment at different weighbridges and manual slip preparation. The Commissioner (Appeals) highlighted that the weight difference did not indicate excess despatch by the respondent, especially as invoicing was based on the weight tags attached to the bags, not the weighbridge weight.

3. Liability to Pay Excise Duty:
The revenue contended that regardless of the amount charged from purchasers, excise duty is applicable on manufactured goods. They argued that the small weight difference should not exempt the respondent from duty payment. However, the Tribunal noted that the excess quantity filled by the respondent was not proven to be knowingly dispatched, as affirmed by the Senior Officer Accounts' affidavit detailing the weighing practices since February 2000.

4. Application of Standards of Weights and Measures Act:
Both parties referenced Tribunal judgments to support their positions. The Tribunal analyzed the permissible error limits under the Standards of Weights and Measures Act, emphasizing that the discrepancy in this case was within acceptable levels. By comparing the facts with precedents, the Tribunal upheld the Commissioner (Appeals)'s decision, citing the absence of evidence for clandestine removal and the respondent's consistent weighing practices.

5. Tribunal Judgments Comparison:
The Tribunal compared the facts of the present case with previous judgments, particularly highlighting the Sagar Cements Ltd. case where a 1% weight difference was deemed acceptable. By applying the principles established in prior decisions, the Tribunal rejected the revenue's appeal, affirming the lower authorities' findings and concluding that the impugned order was valid.

In conclusion, the Tribunal rejected the revenue's appeal, upholding the Commissioner (Appeals)'s decision based on the permissible weight discrepancy, lack of evidence for intentional excess despatch, and consistent weighing practices followed by the respondent. The judgment provides a comprehensive analysis of the issues involved, emphasizing compliance with the Standards of Weights and Measures Act and the application of relevant Tribunal precedents.