2009 (3) TMI 718 - AT - Central Excise

Summary

Issues:
1. Duty demand and penalties regarding shortage of raw materials and excess finished goods.
2. Confiscation of goods and imposition of redemption fine.
3. Consideration of evidence and remand order by the Tribunal.

Analysis:

Issue 1: Duty demand and penalties regarding shortage of raw materials and excess finished goods
The case involved the appellant, engaged in manufacturing P.V.C. pipes, availing Cenvat credit on inputs. Central Excise Officers conducted stock verification, finding shortages of raw materials and excess finished goods. Duty demands were made, penalties imposed, and confiscation of goods ordered. The Tribunal initially set aside the order, remanding the matter for re-adjudication.

Issue 2: Confiscation of goods and imposition of redemption fine
In the subsequent de novo proceedings, the Original Authority dropped the duty demand related to the shortage on one date but confirmed it for another date, along with imposing penalties. The Commissioner (Appeals) modified the order, ordering confiscation of goods and imposing a redemption fine. The appellant appealed against this decision.

Issue 3: Consideration of evidence and remand order by the Tribunal
The Tribunal noted the appellant's defense that the consumed raw materials resulted in the excess finished goods, supported by private records. The Tribunal found a lapse in not considering the evidence submitted by the appellant. The Tribunal directed a re-examination of the evidence by the Original Authority. The Commissioner (Appeals) failed to address this aspect, leading to the setting aside of their order.

In conclusion, the Appellate Tribunal found that the Original Authority's order following the Tribunal's directions was appropriate. The Commissioner (Appeals) had not addressed the evidence and direction properly, leading to the restoration of the Original Authority's order. The appeal by the Appellant was allowed, setting aside the Commissioner (Appeals) order.