2016 (12) TMI 1640 - AT - Central Excise

Short payment of duty - shortage of goods - road rollers - Held that - the senior officials in their statement accepted the shortage of 8 Nos. of road rollers. Neither there is any cogent materials available on the record in support of the contention of the appellant, nor the senior officials explained the fact that the 8 Nos. of road rollers were lying in the factory - appeal dismissed - decided against appellant.

Summary

Issues:
Short payment of duty due to clearance discrepancy, confirmation of duty demand, penalty imposition under Section 11AC, identification of road rollers, audit report verification, clandestine removal allegation, malafide intention, applicability of case laws.

Analysis:
The case involves M/s Britannia Engineering Ltd., a manufacturer of road rollers and tea machineries. During stock verification in 1999, 8 road rollers were found short out of 20 recorded in the RG-I Register, leading to a show cause notice in 2003. The adjudicating authority confirmed a duty of ?1,03,323, not disputed by the appellant. The current appeal concerns a demand of ?6,96,124 along with interest and penalty equal to the duty amount. The Commissioner (Appeals) upheld the adjudication order.

The appellant's counsel argued that the duty shortfall was due to invoicing before a duty rate increase on the clearance day. They contended that the road rollers' unique nature made it impossible for Revenue to prove clandestine removal or money flow. The appellant's accounts are audited by the CAG, and any irregularities would have been flagged. The manufacturing process flowchart supports the claim that defects found post-RG-I point are rectified in-house, which high-ranking officials couldn't explain. The appellant, a PSU, had no motive for evasion, malafide intent, or penalty liability, citing a relevant tribunal decision.

The Revenue's representative supported the lower authorities' findings, emphasizing the duty confirmation and penalty imposition.

The Tribunal found that senior officials admitted the shortage in a voluntary statement and rejected the appellant's claim of road rollers awaiting work. Lack of evidence or explanation for the missing road rollers undermined the appellant's defense. The cited case laws were deemed inapplicable to the case's specifics.

Ultimately, the Tribunal dismissed the appeal, overturning the lower order and upholding the duty demand and penalty. The judgment was pronounced on 05.12.2016.