2002 (6) TMI 117 - AT - Central Excise

Summary

Issues Involved:
1. Disallowance of Modvat credit.
2. Confiscation of excess goods.
3. Duty demand on short found raw material.
4. Imposition of penalties on the Director and Authorized Signatories.

Detailed Analysis:

1. Disallowance of Modvat Credit:
The appellants contested the disallowance of Modvat credit amounting to Rs. 11,56,607/-, arguing that there was no reliable evidence to prove that they substituted the imported goods with other goods. The Commissioner disallowed the credit based on discrepancies in the description of goods found in the factory versus those declared in the Bills of Entry and relied on the Chemical Examiner's reports and witness statements. However, the Tribunal noted that the initial show cause notice did not dispute the receipt of the imported goods but questioned the production of original duty-paying documents. The Tribunal found no evidence of misdeclaration or clandestine removal of goods and concluded that the Modvat credit could not be legally denied.

2. Confiscation of Excess Goods:
The Commissioner ordered the confiscation of 1,329 kgs of acrylic sheets found in excess. The Tribunal observed that there was no evidence to suggest that these goods were intended for clandestine removal. Referring to the Larger Bench decision in M/s. Bhillai Conductors (P) Ltd., the Tribunal held that for non-accountal of goods, only a penalty under Rule 226 was justified. Consequently, the confiscation was set aside, and a penalty of Rs. 2,000 was imposed on the company.

3. Duty Demand on Short Found Raw Material:
The appellants did not dispute the shortage of 700 kgs of DBP (Plastisizer) found during physical verification. The Tribunal upheld the duty demand of Rs. 3,920/- but set aside the demand for interest, considering the facts and circumstances of the case.

4. Imposition of Penalties on the Director and Authorized Signatories:
The Commissioner imposed personal penalties on the Director and Authorized Signatories of the company. The Tribunal found that no specific role was attributed to them regarding the alleged clandestine removal or substitution of goods. Moreover, no relevant provisions of the Central Excise Act or Rules were cited for imposing these penalties. Therefore, the penalties on the individuals were set aside.

Conclusion:
The Tribunal partly allowed the appeals, setting aside the impugned order except for the confirmation of duty of Rs. 3,920/- and the imposition of a penalty of Rs. 2,000/- under Rule 226. The appellants were granted consequential relief as permissible under the law.