2011 (4) TMI 50 - AT - Central Excise

Demand of duty together with interest and penalty - Shortage of sugar detected in the factory - Written statement in which assessee have stated that out of the total difference in quantity - Hence the duty demand cannot be sustained but assessee liable to penalty for contravention of the Rules - Reduce the penalty to Rs.2, 000/- Appeal is partly allowed in favour of the assessee

Summary

Issues: Duty demand challenge, shortage of sugar, confiscation of goods, penalty for contravention of rules

Duty Demand Challenge:
The assessees challenged a duty demand of Rs.3,99,500/-, along with interest and penalty, related to a shortage of sugar detected in their factory. The assessees explained the shortage, stating that a significant portion of the alleged difference in quantity was accounted for by movements between locations supported by documentation. The Tribunal found the explanation satisfactory and set aside the duty demand.

Confiscation of Goods:
In addition to the duty demand, 4700 quintals of sugar were confiscated from the assessees with an option for redemption upon payment of a fine. The Tribunal, after considering the detailed explanation provided by the assessees regarding the movement and processing of the sugar, set aside the confiscation of goods, as the entire quantity was satisfactorily explained.

Penalty for Contravention of Rules:
While the duty demand and confiscation of goods were set aside, the assessees were held liable for a penalty due to contravention of rules. However, considering the overall circumstances of the case, the Tribunal reduced the penalty amount to Rs.2,000/- from the original amount imposed, which was significantly higher.

Conclusion:
The Tribunal partly allowed the appeal, setting aside the duty demand and confiscation of goods, but upholding a reduced penalty of Rs.2,000/- for the contravention of rules. The decision was made after a thorough examination of the explanations provided by the assessees and considering the totality of the facts and circumstances of the case.