2017 (4) TMI 554 - AT - Central Excise

Shortage in stock - appellant s case is that there was no variation in the quantity of final product. While the department considered the production slips, they should also have considered the issue slips - Held that - Admittedly, the documents, which have been placed before the Tribunal in the form of a signed re-conciliation statement of production, accounted and captive consumption, another statement showing the issue of various PVC compounds for captive consumption and various material requisition slips were not produced before the Commissioner (Appeals). It would therefore be in the fitness of things that these documents now submitted by the appellants are presented before Commissioner (Appeals), who should examine the aforementioned documentary evidence and pass a fresh speaking order - appeal allowed by way of remand.

Issues involved:
1. Central excise duty demand on PVC compound discrepancies.
2. Exemption under Notification No.67/95-CE for captively consumed intermediate product.
3. Maintenance of statutory records for captive consumption.
4. Reconciliation of production and issue slips.
5. Remand of case back to Commissioner (Appeals) for fresh order.

Analysis:

Central excise duty demand on PVC compound discrepancies:
The case involved discrepancies in the stock position of PVC compound of various grades during a surprise check by Central Excise Officers. A show cause notice was issued demanding central excise duty, interest, and penalty. The demand was confirmed at the adjudication stage, with the penalty later reduced at the appellate stage. The appellants challenged the orders through multiple appeals, leading to the current appeal before CESTAT Mumbai. The Tribunal noted discrepancies in the entries in the RG-1 Register and physical availability of PVC compounds, ultimately remanding the case back to the Commissioner (Appeals) for a fresh order.

Exemption under Notification No.67/95-CE for captively consumed intermediate product:
The appellants argued that the PVC compound, as an intermediate product captively consumed, was exempted under Notification No.67/95-CE. They presented a reconciliation chart to show a discrepancy in the quantity found short, relying on case laws to support their position. However, the Commissioner (Appeals) rejected their claim due to a lack of documentary evidence, emphasizing the need for issue slips and signed statements to support the captively consumed claim. The Tribunal directed the Commissioner (Appeals) to consider the new documentary evidence and pass a fresh order, keeping all issues open for further examination.

Maintenance of statutory records for captive consumption:
The Revenue contended that the appellants failed to maintain necessary statutory records for captive consumption, specifically highlighting the absence of required invoices. Citing findings from the adjudicating authority, the Revenue emphasized the importance of maintaining proper records for captive consumption. The Tribunal acknowledged the Revenue's concerns but directed a re-examination by the Commissioner (Appeals) based on the newly submitted documentary evidence.

Reconciliation of production and issue slips:
The discrepancy between production and issue slips was a crucial point of contention. The appellants argued that the issue slips should also be considered to reconcile the quantity found short. However, the Commissioner (Appeals) found the appellants' evidence lacking, leading to the remand of the case for a fresh decision based on the newly submitted documents.

Remand of case back to Commissioner (Appeals) for fresh order:
In conclusion, the Tribunal disposed of the appeal by remanding the matter back to the Commissioner (Appeals) for a fresh decision. The Commissioner (Appeals) was directed to consider the newly submitted documentary evidence within six months and provide a speaking order, allowing the appellants a fair opportunity to present their case. All issues related to the central excise duty demand were to be kept open for further examination by the Commissioner (Appeals).

← Previous Next →