2011 (8) TMI 1317 - HC - Central Excise

Summary

Issues involved: Interpretation of Rules 173Q(b) of Central Excise Rules regarding non-accounting of finished goods in account books.

Summary:

Issue 1: Non-accounting of finished goods under Rules 173Q(b) of Central Excise Rules

The High Court considered a reference made by the Appellate Tribunal regarding the non-accounting of 788.86 MTs of finished goods by the respondent-company, which was not recorded in the account books as required under Rules 173Q(b) of the Central Excise Rules. The substantial question of law was whether this non-accounting amounted to a contravention of Rules 53 and 173Q(b) and (d) of the Rules.

The Court referred to a similar case decided by the Apex Court in Jain Irrigation Systems Ltd. v. Commissioner of Central Excise, where it was held that confiscation of scrap, meant for recycling and not taken outside the premises, was not justified. Applying this precedent, the Court found that in the present case, the scrap in question was also intended for recycling and was not taken outside the premises. Therefore, the confiscation of the scrap and imposition of penalty were deemed illegal. The penalty of &8377;25,000 imposed on the assessee was not challenged and hence upheld.

In conclusion, the High Court answered the reference in favor of the respondent, holding that the non-accounting of finished goods did not amount to a contravention of the relevant Rules based on the interpretation provided by the Apex Court's decision in a similar case.