1989 (11) TMI 326 - AT - Central Excise

Summary

Issues:
1. Alleged contravention of Central Excise Rules by the appellants.
2. Appropriation of security and imposition of penalty.
3. Alleged removal of detergent cakes and bars without payment of duty.

Analysis:

Issue 1: Alleged contravention of Central Excise Rules
The Preventive Officers found excess stocks of detergent cakes at the appellant's factory, leading to allegations of goods being cleared without payment of Central Excise duty. The officers discovered discrepancies between private registers and the official R.G. 1 register, indicating possible irregularities. The Collector upheld contravention of certain rules for a specific number of cartons and imposed penalties accordingly.

Issue 2: Appropriation of security and imposition of penalty
The appellant contested the Collector's decision regarding the appropriation of security and penalty imposition, arguing that certain goods were not ready for entry in the R.G. 1 register due to various stages of production. However, the tribunal agreed with the Collector's findings, stating that the goods in question were fit for entry in the R.G. 1 register, leading to the affirmation of the penalty and security appropriation.

Issue 3: Alleged removal of detergent cakes and bars without payment of duty
The Collector found discrepancies in the entries of detergent cakes in the private records and the R.G. 1 register, alleging clandestine removal of goods without duty payment. The appellants provided explanations regarding the production process and discrepancies in entries, emphasizing wastage and recycling practices. The Collector demanded duty payment and imposed penalties based on the alleged clandestine removal.

In the final analysis, the tribunal considered the explanations provided by the appellants regarding production processes, wastage, and discrepancies in records. They concluded that the evidence presented was insufficient to prove clandestine removal of goods without duty payment. Therefore, the demand for duty payment and penalties imposed were deemed unsustainable, leading to the disposal of the appeal in favor of the appellants.