2011 (5) TMI 623 - AT - Central Excise

Stock verification - excess quantity available of sponge iron - confiscation of the excess raw materials and allowed redemption on payment - Held that - Liability to accounting for excisable goods by an assessee includes an auxiliary obligation to maintain accounts of raw material received and utilized. When such a huge quantity of raw material was found unaccounted and when no explanation was forthcoming, acquisition of unaccounted raw materials cannot be held for any honourable purpose, confiscation of the substantial quantity of unaccounted excisable goods deserves to be upheld, redemption fine is reduced from Rs.2,04,371/- to Rs.50,000/- and the penalty is also reduced from Rs.2,04,371/- to Rs.50,000/-.

Summary

Issues involved:
Appeal against order of Commissioner (Appeals) regarding excess quantity of sponge iron found at factory premises, confiscation of goods, imposition of penalty, application of Rule 25 and Rule 26 of Central Excise Rules, duty payment verification, procurement evidence, liability for penalty under Rule 26.

Detailed Analysis:

Issue 1: Excess Quantity of Sponge Iron Found
The officers found 102.185 MT of sponge iron in excess at the factory premises. The director admitted the excess but failed to provide a valid reason. The stock verification was done in the presence of witnesses, and the original authority ordered confiscation of the excess raw materials with a redemption fine imposed.

Issue 2: Appellant's Argument
The appellant argued that no variation was found in the final product stock, and the department failed to prove that the excess raw material was non-duty paid. They cited various decisions supporting their stance and contended that Rule 25 applies to excisable goods manufactured by an assessee, not to procured inputs.

Issue 3: Respondent's Argument
The respondent supported the order, stating that the excess raw material was excisable goods, and the appellants did not provide evidence of licit procurement. They argued that under Rule 25 (1) (b) and Rule 26, the goods were liable for confiscation and penalty due to non-duty paid nature and lack of procurement evidence.

Issue 4: Tribunal's Decision
The Tribunal considered the submissions and records, noting the substantial excess of sponge iron without a valid explanation from the appellants. The appellants failed to prove licit procurement or the source of the excess material. The Tribunal upheld the confiscation and imposed a reduced redemption fine and penalty due to the unaccounted excisable goods' acquisition.

Conclusion
The Tribunal found the appellants liable for confiscation and penalty under Rule 25 and Rule 26 due to the unexplained excess of excisable goods. The redemption fine and penalty were reduced considering the circumstances. The decision emphasized the importance of maintaining proper records and verifying the duty payment status of raw materials to avoid penalties and confiscation.