2000 (8) TMI 119 - AT - Central Excise

Summary

Issues:
- Clandestine removal of spun yarn without payment of duty
- Clandestine removal of glass wool without duty
- Clearance and sale of waste and scrap of glass wool without duty

Analysis:
1. Clandestine removal of spun yarn without payment of duty:
The Revenue alleged that the appellants cleared 76 packets of spun yarn without paying duty based on entries in loading book and outward gate register seized during a raid. The appellants claimed the goods were rejected, but failed to provide evidence or follow proper procedures. The adjudicating authority found the entries reliable and rejected the appellants' defense, concluding the removal was clandestine.

2. Clandestine removal of glass wool without duty:
The appellants were accused of removing 37 packets of glass wool without paying duty. They claimed repacking from 84 to 121 packets due to damage, but failed to substantiate with evidence. The entries in their records showed removal of 121 packets, and no intimation was sent to the Excise Department, leading the authority to reject their defense as an afterthought.

3. Clearance and sale of waste and scrap of glass wool without duty:
The appellants were charged with clearing waste and scrap of glass wool without paying duty. They argued it was not glass wool scrap or was non-dutiable, but their Accounts Officer admitted the goods were excisable. The authority dismissed their defense, citing relevant case laws and the officer's admission to uphold the duty demand and penalty.

In conclusion, the impugned order confirming duty demand and penalty was deemed valid by the Tribunal, finding no grounds to disagree with the Collector's findings. The appeal was dismissed due to lack of merit.