2007 (7) TMI 265 - AT - Central Excise

Demanded on the ground that the RG-1 stocks were different from those mentioned in the balance sheet and equal penalty was imposed - appellant submitted that they had included certain goods, which were returned from the customer and which were kept at some other premises belonging to them - allegation of clandestine removal is a serious charge and requires corroboration and cannot be sustained merely based on variation between RG-1 and balance sheet stock demand and penalty set aside

Summary

Issues: Discrepancy in stock quantities between RG-1 and balance sheet leading to duty demand and penalty imposition.

In this judgment by the Appellate Tribunal CESTAT AHMEDABAD, the issue revolved around a demand of Rs.65,696 and imposition of penalty due to a difference in stock quantities between the RG-1 records and the balance sheet for the financial years 94-95 and 95-96. The Commissioner (Appeals) upheld the duty demand but reduced the penalty to Rs.10,000. The appellant explained that the variance was due to including goods returned by customers stored at a different location. The Tribunal noted that the findings did not address the overall stock handling and did not establish the accounting consistency between RG-1 and the balance sheet. The Tribunal emphasized that the serious allegation of clandestine removal required corroborating evidence and could not be solely based on the stock variance between RG-1 and the balance sheet. Consequently, the Tribunal allowed the appeal, providing consequential relief to the appellant.

This judgment highlights the importance of a thorough examination of stock variances between different records and the necessity for corroborative evidence in cases involving serious allegations like clandestine removal. The Tribunal emphasized the need for consistency in accounting practices between different records to avoid misinterpretations and unjust penalties. The judgment serves as a reminder for authorities to consider all aspects of stock handling and accounting practices before imposing duties and penalties based on discrepancies between RG-1 and balance sheet records.