2012 (6) TMI 778 - AT - Central Excise

Summary

Issues involved: Restoration of appeal, shortage of stock, duty demand, penalty imposition, appeal consideration.

Restoration of appeal: The applicant filed a Misc. application for restoration of their appeal which was dismissed earlier due to non-prosecution. The appeal was dismissed on 3-2-2012 as the assessee showed no interest in pursuing it, only seeking restoration. The Counsel requested an adjournment when restoration was discussed on 9-5-2012.

Shortage of stock: The assessee, a manufacturer of iron and steel bars, faced allegations of shortages in both finished products and raw materials during a Central Excise Department visit. The Revenue issued a show cause notice for recovery, leading to confirmation of duty on final products, reversal of Cenvat credit, and imposition of penalties.

Duty demand and penalty imposition: The duty demand and penalty on the assessee were upheld by the Commissioner (Appeals), while the penalty on the partner was dropped. Both the assessee and Revenue appealed this decision, leading to the current consideration of the appeals.

Appeal consideration: The appellant argued that the alleged stock shortages were due to approximate estimation, as no actual weighing was conducted. The Revenue claimed that the partner admitted to shortages during a statement. However, the lack of concrete evidence such as a mahajar showing ascertained material raised doubts about the reliability of the stock verification report and the partner's statement. The Tribunal concluded that the Revenue's case was not substantiated, setting aside lower authorities' orders and allowing the appeal filed by the appellant while dismissing the Revenue's appeal.