2018 (12) TMI 365 - AT - Central Excise

Clandestine removal - Shortage and excess of finished goods - held that - It is an admitted fact that due to marriage of son of the appellant, who was busy in the distribution of the wedding cards at the time of visit of the officers to the factory, when the factory was closed. A person who is busy in distribution of wedding cards of his son definitely cannot concentrate on his business during that impugned period. Therefore, the contention of the appellant is acceptable that due to marriage of his son, the appellant could not maintain proper records. It is a fact on record that the appellant is a regular exporter and exported the goods. In that circumstance, the benefit of doubt goes in favour of the appellant. Further, the goods found in excess in the factory of the appellant was due to business of the appellant in the marriage of his son in distribution of wedding cards during the impugned period, therefore, the goods are not liable for confiscation. In that circumstance, the redemption fine imposed is also set aside. Appeal allowed - decided in favor of appellant.

Summary

Issues Involved:
Appeal against demand of duty, redemption fine, and penalty due to shortage and excess of finished goods in factory.

Analysis:
1. Demand of Duty: The appellant contested the demand of duty imposed due to shortage and excess of finished goods in the factory. The appellant argued that during the period in question, the factory was closed as the proprietor was busy with his son's wedding, leading to improper record-keeping. The appellant, being a regular exporter, claimed there was no evidence of clandestine removal of goods. The Revenue alleged clandestine removal based on intelligence without concrete proof. The tribunal found in favor of the appellant, citing the distraction caused by the wedding as a valid reason for discrepancies and lack of evidence for clandestine removal. Consequently, the duty confirmed for clandestine removal was set aside.

2. Redemption Fine and Confiscation: The tribunal also addressed the redemption fine imposed on the excess goods found in the factory. The appellant's explanation that the excess goods were due to the proprietor's involvement in the wedding preparations was accepted. As there was no evidence supporting confiscation of the excess goods, the tribunal set aside the redemption fine. The judgment highlighted that the distraction caused by the wedding justified the presence of excess goods and the lack of grounds for confiscation.

3. Penalty Imposition: Additionally, a penalty was imposed on the appellant for alleged clandestine removal of goods. The appellant's argument that no concrete evidence was presented by the Revenue to prove clandestine removal was upheld by the tribunal. Due to the lack of substantial proof and the appellant's status as a regular exporter, the penalty was also set aside. The tribunal emphasized that the benefit of the doubt favored the appellant in the absence of conclusive evidence.

In conclusion, the tribunal allowed the appeal, setting aside the duty confirmed for clandestine removal, the redemption fine, and the penalty imposed on the appellant. The judgment underscored the impact of the son's wedding on the proprietor's attention to business operations, leading to discrepancies in goods inventory and emphasized the importance of concrete evidence in establishing allegations of clandestine activities.