2002 (2) TMI 208 - AT - Central Excise

Summary

Issues:
1. Confirmation of demand of duty for goods allegedly cleared without payment.
2. Confirmation of demand of duty for goods found short during stock-verification.
3. Imposition of penalty and interest under Section 11AC.

Analysis:
1. The case involved the confirmation of demand of duty for goods allegedly cleared without payment based on discrepancies in the records recovered from the appellants' factory. The appellants claimed that the seized notebook did not belong to them, but failed to provide evidence to support this claim. The authorities rejected this defense as some entries in the notebook matched the statutory records, indicating ownership. The failure to explain entries related to a specific quantity of goods led to the conclusion that they were removed clandestinely, supported by a partner's statement. The partner's retraction was deemed mechanical, upholding the duty demand.

2. Regarding the duty demand for goods found short during the officers' visit, the stock-verification report was signed by the appellants' representative without objection. The appellants did not offer immediate explanations for the shortages, leading to the confirmation of the duty demand. The tribunal upheld this decision as justified, considering the lack of rebuttal from the appellants.

3. The imposition of penalty and interest under Section 11AC was also contested. The consultant for the appellants sought a reduction in penalty, citing precedents where penalties were not required to be equal to the duty amount. Following the precedent, the tribunal reduced the personal penalty from Rs. 60,779.00 to Rs. 30,000.00. Despite this reduction, the appeal was rejected on other grounds, affirming the penalty imposition and interest confirmation under Section 11AC.