2002 (10) TMI 181 - AT - Central Excise

Summary

Issues Involved: Appeal against Order-in-Appeal confirming confiscation of goods, redemption fine, demand confirmation, and penalty imposition u/r 57-I and 173Q.

Confiscation of Goods and Penalty Imposition:
The appellants, engaged in manufacturing cotton and manmade yarn, had excess stock of polyester/viscose fiber and shortage of acrylic fiber and nylon detected during a visit by Central Excise Preventive Officers. The adjudicating authority ordered confiscation of seized goods with an option for redemption on payment of fine and confirmed the demand involved. Additionally, a penalty was imposed under rules 57-I and 173Q. The Commissioner (Appeals) affirmed this order.

Weighment and Evidence Requirement:
During the checking, stock was found in loose and bales form, but no weighment was conducted. The quantity of excess and short stock was determined visually. The penalties and disallowance of Modvat credit were based on the statement of an employee claiming to be the Vice-President of the appellant-company, without corroborating evidence. The Tribunal in a similar case held that without actual weighment, duty demand confirmation and penalty imposition were not valid.

Judgment:
Considering the lack of actual weighment and reliance solely on visual examination, the Tribunal set aside the Order-in-Appeal. It was emphasized that penal action and credit disallowance cannot be based solely on visual examination without actual weighment. The appeal of the appellants was allowed, with any consequential reliefs permitted by law.