2018 (2) TMI 785 - AT - Central Excise

Clandestine removal - excesses of stock - molasses found in excess than the recorded balance in RG-1 Register - Held that - Admittedly the molasses quantum is dependent upon the foam which might appear in the said storing tanks on account of whether conditions and various other factors - Further there is no evidence on record to show that such excess molasses, which are under the control and supervision of State Excise Authorities were meant for clandestine removal - appeal allowed - decided in favor of appellant.

Summary

Issues involved:
Excess stock of molasses found during verification - Confiscation and penalty imposed - Interpretation of guidelines for foaming in molasses tanks - Applicability of Tribunal decisions on confiscation of excess goods - Lack of evidence for clandestine removal.

Analysis:
The case involves the discovery of excess stock of molasses during a factory visit, leading to confiscation and penalty proceedings against the appellant. The appellant attributed the excess to foam in the tanks, citing guidelines from the U.P. State Federation of Cooperative Sugar Molasses Ltd. The original adjudicating authority confiscated the excess molasses and imposed penalties, which were partially upheld by the Commissioner (Appeals). The appellant, during adjudication and appeals, relied on Tribunal decisions stating that such excess goods cannot be confiscated, but the Commissioner (Appeals) dismissed their relevance.

The Tribunal noted that the quantity of molasses is influenced by factors like foam in the tanks due to weather conditions. Importantly, there was no evidence suggesting the excess molasses were intended for clandestine removal, as they were under the supervision of State Excise Authorities. Consequently, the Tribunal found no merit in the impugned order, setting it aside and granting relief to the appellant. The judgment emphasizes the importance of considering all relevant factors, including industry guidelines and lack of evidence for illegal activities, in determining the legality of confiscation and penalties in such cases.

This case highlights the significance of providing justifications for discrepancies in stock levels and the need for authorities to consider industry-specific factors, like foaming in molasses tanks, before imposing confiscation and penalties. The judgment underscores the requirement for concrete evidence of wrongdoing, such as clandestine removal, to support punitive actions against businesses. Additionally, it reaffirms the relevance of Tribunal decisions in guiding legal interpretations, urging consistency in applying precedents to ensure fair treatment of appellants in similar situations.