2009 (7) TMI 1298 - AT - Central Excise

Summary

Issues involved: Appeal against order of Commissioner (Appeals) regarding alleged shortage of molasses, applicability of dip reading method, duty demand, imposition of penalty, reliance on previous judgments, explanation for shortages, clandestine removal, proper maintenance of accounts.

Summary:

Alleged shortage of molasses:
The appeal was made against the order of the Commissioner (Appeals) regarding the alleged shortage of molasses. The appellant argued that the dip reading method used to determine the shortage is approximate and discrepancies are expected. The actual shortage was found to be within the permissible limit of 2% after the entire quantity in the tank was cleared. The appellant relied on previous Tribunal decisions to support their case.

Applicability of dip reading method:
The dip reading method is accepted in the sugar industry to ascertain the quantity of molasses stored in tanks. The Board has prescribed a tolerance limit of 2% for shortages, which is condonable. The shortage in one tank was minimal, but in the other tank, the shortage was significant. The explanation provided for the abnormal shortage was deemed plausible, indicating possible clandestine removal.

Duty demand and penalties:
The duty demand was upheld due to the unexplained shortage of molasses. However, the condonable limit of 2% was allowed on the quantity stored in the tanks, leading to a reworking of the duty amount. The allegation of clandestine removal was not supported by evidence, and the penalty for improper maintenance of accounts was reduced from Rs. 20,000 to Rs. 5,000.

Conclusion:
The appeal was partly allowed, with the demand on shortages reduced by allowing condonation for the shortage within the permissible limit in one tank. The duty demand and penalties were modified based on the above considerations.