2015 (11) TMI 1093 - AT - Central Excise

Clandestine removal of goods - excess of final product as also the raw material were found - Confiscation of goods - Imposition of redemption fine and penalty - Held that - There are admittedly, no inventories on record indicating as to how such huge and heavy material was weighed by the Department in 24 hours so as to arrive at the alleged excesses. There is also nothing in the panchnama to indicate so. Further the appellants, vide their letter dated 7-2-2005, written after a period of three days of the visit of the officers clarified each and everything. There is also nothing on record to show that the said goods were not entered in their records with any intention to remove the same clandestinely. As such, I find no justification for confiscation of the goods or imposition of penalty. The same is accordingly set aside. - As regards duty confirmed, the goods after its release have to be entered into the statutory records and cleared on payment of duty, if not having been already cleared. - Appeal disposed of.

Summary

Issues: Confiscation of goods, imposition of penalty, excess final product and raw material, feasibility of weighment, discrepancies in weight measurements, previous case of alleged shortages, lack of inventories, justification for confiscation and penalty, duty confirmation, statutory record entry.

Analysis:
The judgment pertains to a case where the appellants, engaged in manufacturing bars and rods, had their goods seized by Central Excise officers due to certain excess final products and raw materials found during a visit to their factory. A show cause notice was issued, leading to the confirmation of duty demand and imposition of penalties by the original adjudicating authority, with confiscation of goods and an option for redemption at specified fines. The Commissioner (Appeals) upheld this decision, prompting the appellants to file the present appeal.

The main contention raised by the appellants was the impracticality of weighing around 7600 MT of material in less than 24 hours, with no inventories or records provided by the Department regarding the weighing process. Discrepancies in weight measurements were highlighted, including differences in the weight of a billet as recorded by the Department compared to the appellants' claim. Reference was made to a previous case where alleged shortages were set aside by the Commissioner (Appeals) and rejected by the Tribunal, suggesting that any shortages should be offset against the excesses found.

Upon analysis, the judge noted the absence of inventories or details on how the material was weighed by the Department within 24 hours to determine the alleged excesses. The clarification provided by the appellants in a letter after three days of the officers' visit was considered, along with the lack of evidence indicating an intention to remove goods clandestinely. Consequently, the judge found no justification for the confiscation of goods or the imposition of penalties, leading to the setting aside of the same.

Regarding the confirmed duty, the judge emphasized the necessity for the goods to be entered into statutory records and cleared upon release if not already done. The appeal was disposed of accordingly, with the decision pronounced on a specific date.