2007 (8) TMI 609 - AT - Central Excise

Summary

Issues involved: Detection of shortages of Copper tubes, duty demand, penalty imposition, denial of cross-examination of witnesses, delayed issuance of show cause notice.

Shortages of Copper Tubes:
During a physical stock taking, a shortage of 3736.7 kgs of Copper tubes was detected, along with 250 kgs of Copper tubes sent for job work not being received back. The show cause notice proposed a duty demand of Rs. 74,734 for the Copper pipe shortage and Rs. 5,000 for the goods sent to the job worker. The notice also suggested the imposition of penalties on the manufacturer and its Excise Clerk.

Contestation of Shortages:
The appellants contested the shortages, arguing that the stock verification was conducted without weighment slips, making the alleged shortages questionable. They highlighted the lack of inventories for weighment slips and the absence of panch witnesses during the operation. The appellant's request for cross-examination of witnesses was denied, further weakening the Revenue's case.

Legal Findings:
The absence of weighment slips raised doubts about the correctness of the detected shortages. The Tribunal emphasized that charges of clandestine removal cannot be upheld based solely on shortages. The delayed issuance of the show cause notice, after around 4 years from the search, without ongoing investigations during that period, was deemed as barred by limitation under settled law.

Judgment:
The Tribunal set aside the impugned orders, allowing both appeals with consequential relief. The duty amount of Rs. 5,000 for goods sent to the job worker was confirmed, but the penalty imposed on the manufacturer was set aside. The delayed show cause notice and lack of substantial evidence led to the decision in favor of the appellants, except for the duty demand of Rs. 5,000 against the manufacturer.