2014 (4) TMI 94 - AT - Central Excise

Duty demand - Discrepancy in RG-1 Register - Shortage in goods - Clandestine removal - Commissioner held that clandestine removal cannot be upheld against the respondents - Held that - Ongoing through the impugned order of the Commissioner (Appeals), I find that he has passed a detailed order by taking into consideration of the various precedent decisions of the Tribunal as also the provisions of Section 36B of the Act as also the fact there is virtually no evidence of clandestine removal. It is well settled law that the charges of clandestine activities are required to be upheld on the basis of sufficient cogent reasons and evidences - Decided against Revenue.

Summary

Issues Involved:
1. Confirmation of demand of duty and imposition of penalty based on shortages and discrepancies found during stock verification.
2. Contesting the demand on various grounds including lack of actual stock verification, use of manual RG 1 register, and challenges to computerized stock statements.
3. Commissioner (Appeals) allowing the appeal based on lack of evidence for clandestine removal and insufficiency of computerized stock statements.
4. Revenue challenging the Commissioner (Appeals) decision on merits.
5. Detailed analysis of precedent decisions, Section 36B of the Act, and the requirement of sufficient evidence for upholding charges of clandestine activities.

Analysis:
1. The case involved the confirmation of a demand of duty and imposition of penalty against the respondents due to shortages of HR/CR sheets and unentered final products discovered during stock verification. The Central Excise officers conducted checks at the factory, leading to proceedings for duty demand of Rs.20,65,497 and penalties. The Addl. Commissioner confirmed the demand, prompting the appeals by the Revenue.

2. The appellants contested the demand on various grounds, highlighting the lack of actual stock verification for all raw materials and finished goods due to the vast quantity involved. They argued that discrepancies were only found in a few components, maintaining that they had not removed stocks clandestinely without duty payment. The use of manual RG 1 register for finished goods and challenges to the computerized stock statements were significant points raised in defense.

3. The Commissioner (Appeals) allowed the appeal, noting the lack of evidence for clandestine removal and insufficiency of computerized stock statements. The reliance on computerized records for establishing clandestine removal was questioned by the appellants, emphasizing the absence of regular maintenance of such records and the discrepancies in the computerized stock statements.

4. The Revenue challenged the decision of the Commissioner (Appeals) on merits, reiterating their grounds. However, the Commissioner's detailed order considered precedent decisions, Section 36B of the Act, and the requirement of sufficient cogent reasons and evidence to uphold charges of clandestine activities. The absence of substantial evidence led to the rejection of the Revenue's appeals.

5. The judgment emphasized the necessity of substantial evidence and cogent reasons to establish charges of clandestine activities. The Commissioner's decision was upheld based on the lack of concrete proof, adherence to legal provisions, and consideration of precedent decisions. The rejection of the Revenue's appeals highlighted the importance of meeting evidentiary standards in cases involving duty demand and penalties.