2011 (9) TMI 874 - AT - Central Excise

Duty demand - shortage found as well as the excess stock found in the factory - Redemption fine and penalty u/s 11AC - Held that - appellant is not challenging the excess or shortage found and duty liability thereon. He submits that as regards excess quantity found in the factory the same had not been removed from the factory but was only found to be in excess. Therefore demand of duty in the adjudication order was not correct. The duty liability is attracted only when the goods are removed from the factory. After provisionally released the goods were taken into daily stock account and cleared on payment of duty. Therefore duty demand in the proceedings amounts to double taxation of the same goods and as already submitted no duty could have been demanded on the excess quantity found in the factory - Accordingly the duty demand on the quantity found in excess in the factory is set aside - Penalty and redemption fine is reduced - Decided partly in favour of assessee.

Summary

Issues Involved:
1. Duty demand on excess stock found in the factory.
2. Penalty under Section 11AC.
3. Redemption fine imposed.

Analysis:

1. Duty demand on excess stock found in the factory:
The Appellant, engaged in the manufacture of C.I. Castings, had excess stock of 10,106 Kgs. found during a visit, leading to duty demand. The Appellant argued that duty liability arises only upon removal of goods from the factory, and since the excess stock was not removed but found in the factory, demanding duty was incorrect. The Tribunal agreed with this argument, setting aside the duty demand of Rs. 30,861 on the excess quantity found in the factory.

2. Penalty under Section 11AC:
As the duty demand on excess stock was set aside, the penalty under Section 11AC was also reconsidered. The Appellant had paid 25% of the duty towards penalty promptly. The Tribunal upheld the reduction in penalty corresponding to the duty on the excess quantity found, leading to a potential refund of excess penalty paid by the Appellant.

3. Redemption fine imposed:
The Appellant sought a reduction in the redemption fine of Rs. 96,100 imposed, arguing that it should not exceed the duty involved as per Central Excise Law. Considering the Appellant's cooperation, payment of duties, and penalty, the Tribunal found merit in reducing the redemption fine. Consequently, the redemption fine was reduced to Rs. 35,000. The appeal was disposed of with consequential relief to the Appellant.

This judgment by the Appellate Tribunal CESTAT AHMEDABAD addressed the duty demand, penalty under Section 11AC, and redemption fine concerning excess stock found in the factory, providing detailed reasoning and relief to the Appellant based on legal principles and submissions made during the proceedings.