2009 (8) TMI 1011 - AT - Central Excise

Summary

Issues involved: Appeal against demand confirmation and penalty imposition for shortage of finished goods and duty evasion.

Demand Confirmation: The appellant's appeal was against the confirmation of a demand of Rs. 2,38,571.00 and imposition of a penalty of Rs. 2,41,571.00 for the shortage of finished goods found during a visit by Revenue Officials. The appellant argued that the demand should not be based on entries in private records, claiming that the proprietor was not aware of day-to-day operations. However, the Revenue contended that the shortage was admitted by the appellant's proprietor, who agreed to pay the duty based on the private records showing datewise clearances and customer details. The Tribunal found that the shortage was admitted by the appellant and upheld the demand and penalty, citing the systematic maintenance of private records and lack of retraction of statements by the proprietor.

Legal Precedents: The appellant relied on decisions in similar cases where demands were set aside due to retractions and inadequacy of evidence. However, the Tribunal distinguished those cases from the present one, where the shortage was admitted and private records were well-maintained. The Revenue cited a High Court decision upholding charges of clandestine removal based on systematic record-keeping. Ultimately, the Tribunal found no fault in the impugned Order regarding the demand and penalty, but reduced the penalty amount to match the confirmed demand. The appeal was dismissed, with the modified penalty amount of Rs. 2,38,647.00.