2010 (8) TMI 413 - HC - Central Excise

Clandestine removal of goods goods being found unaccounted for in record - Commissioner (Appeals) as well as the Tribunal have examined the matter and recorded a concurrent finding of fact that the goods were duly accounted for and there was no clandestine removal - merely because there was non-accounting of goods, penalty was technical and inference of clandestine removal was not called for - finding recorded is not shown in any manner to be perverse Appeal dismissed

Summary

Issues:
1. Appeal under Section 35-G of the Central Excise Act, 1944 against the order of the Customs, Excise & Services Tax Appellate Tribunal.
2. Substantial questions of law raised regarding the legality of the Tribunal's judgment, dismissal of the appeal, and imposition of penalty.
3. Allegations of clandestine removal of goods by the revenue based on unaccounted finished excisable goods.
4. Confiscation of goods, imposition of redemption fine, and penalty set aside on appeal by the Commissioner (Appeal).
5. Upholding of the Commissioner (Appeal)'s decision by the Tribunal.
6. Argument regarding the justification of inference of clandestine removal due to violation of record-keeping rules.
7. Examination of whether goods were duly accounted for and the absence of clandestine removal by the Commissioner (Appeal) and the Tribunal.
8. Determination of the technical nature of the penalty due to non-accounting of goods.

Analysis:
1. The appeal was filed under Section 35-G of the Central Excise Act, 1944 by the revenue against the order of the Customs, Excise & Services Tax Appellate Tribunal. The substantial questions of law raised included the legality of the Tribunal's judgment, the dismissal of the appeal, and the imposition of penalties. The revenue alleged clandestine removal of goods based on unaccounted finished excisable goods.

2. The respondent-assessee, a manufacturer of iron and steel products, was accused of clandestine removal of goods after a department representative visited the premises and found discrepancies in the stocks. The adjudicating authority passed an order confiscating the goods and imposing penalties, which were later set aside by the Commissioner (Appeal). The Commissioner (Appeal) found that the goods were duly accounted for, citing previous decisions by CESTAT supporting this stance.

3. The Tribunal upheld the Commissioner (Appeal)'s decision, leading to the revenue filing an appeal. The appellant argued that the inference of clandestine removal was justified due to violations in record-keeping. However, the Court disagreed, stating that the determination of clandestine removal based on unaccounted goods is a factual matter. The Commissioner (Appeal) and the Tribunal had found that the goods were properly accounted for, leading to the conclusion that there was no clandestine removal.

4. The Court found that the penalties imposed were technical in nature due to the non-accounting of goods, and there was no justification for the inference of clandestine removal. As a result, the appeal was dismissed, with the Court stating that no substantial question of law arose from the case.