2013 (11) TMI 440 - AT - Central Excise

Shortage of Goods Product Wastage or Final Product - Waiver of Pre-deposit - Revenue of the view that the wastage was not actually wastage sold by them but was the final product Held that - The reports of the RTO which are to the effect that the Truck Number mentioned in the invoice have not passed through the said RTO - the adjudicating authority has referred to certain discrepancies in the use of the Truck numbers in the invoices, leading to doubt that the said Trucks were not used for carrying waste - the duty confirmed on the ground that it reflected shortage of manganese ore in the IT returns, which actually stands used by them for the manufacture of their final product and clearance of the same without payment of duty - The applicant directed to deposit Rs.75.00 Lakhs as pre-deposit upon such submission rest of the duty to be stayed till the disposal Partial stay granted.

Summary

Issues: Alleged sale of wastage as final product, discrepancies in truck numbers on invoices, shortage of raw material reflected in IT returns

Alleged sale of wastage as final product:
The judgment addresses the issue of the appellant selling wastage under the cover of invoices, which the Revenue claims to be the final product. The Revenue relies on RTO reports stating discrepancies in truck numbers on invoices, suggesting the wastage sold was not genuine. The appellant argues that if the trucks did not pass through the RTO, the allegation of selling final product falls. The adjudicating authority also notes discrepancies in truck numbers, casting doubt on the use of trucks for carrying waste. The tribunal considers the conflicting claims and evidence presented by both sides regarding the nature of the material sold.

Discrepancies in truck numbers on invoices:
Another issue highlighted in the judgment is the discrepancies in the use of truck numbers in the invoices. The adjudicating authority points out these inconsistencies, raising suspicions that the trucks might not have been used for carrying waste as claimed. This discrepancy plays a crucial role in determining the validity of the appellant's actions and the Revenue's allegations. The tribunal evaluates the significance of these discrepancies in the overall case and its impact on the duty and penalty imposed on the appellant.

Shortage of raw material reflected in IT returns:
The judgment also delves into the confirmed duty related to the shortage of manganese ore reflected in the appellant's IT returns. The Revenue asserts that the appellant used the raw material for manufacturing the final product without paying duty on it. The tribunal notes that the appellant failed to establish how the manganese ore, initially received by them, ended up being short. The confirmation of duty amounting to Rs.71.00 Lakhs is based on this discrepancy in the usage and reporting of raw materials. The tribunal considers the arguments presented by both parties regarding the shortage of raw material and its implications on the duty liability.

In conclusion, the judgment thoroughly examines the issues surrounding the alleged sale of wastage as a final product, discrepancies in truck numbers on invoices, and the shortage of raw material reflected in the IT returns. It discusses the conflicting claims, evidence, and arguments presented by the appellant and the Revenue, ultimately leading to the decision to direct the appellant to deposit a specific amount as a condition for further proceedings, while waiving the pre-deposit of the remaining duty and penalty. The tribunal's analysis and decision highlight the complexities involved in determining duty liabilities and addressing discrepancies in the manufacturing process.