2003 (1) TMI 168 - AT - Central Excise

Summary

Issues:
Validity of the impugned Order-in-Appeal affirming duty demand of Rs. 70,694 on stolen goods.

Analysis:
The appellants, engaged in manufacturing various products falling under chapter 87, were issued a show cause notice demanding duty on stolen goods worth Rs. 70,694. The appellants contested the notice, arguing that the stolen goods were not finished or marketable, as they were in the assembly line for testing and not entered in the RG 1 register. The duty demand was confirmed by the adjudicating authority and upheld by the Commissioner (Appeals).

The Ld. Counsel challenged the order, claiming the stolen goods were not finished or marketable until testing was completed. The Counsel relied on a Trade Notice and a Tribunal's judgment to argue that the burden of proving marketability lay on the Revenue. The Counsel also highlighted a letter from the Superintendent regarding the stolen goods.

The Ld. JDR defended the impugned order, stating that non-entry in the RG 1 register did not affect marketability. The JDR argued that the Trade Notice was only about entry in the register and not about marketability. After hearing both sides, the Tribunal found that the stolen goods, gears, were complete except for testing and were marketable even without testing. The Tribunal emphasized that non-testing did not render the goods non-marketable, as they could still be sold in the market. The Tribunal rejected the arguments based on the Trade Notice and the letter from the Superintendent, upholding the duty demand.

The Tribunal noted that the appellants' claim for remission of duty indicated the goods were fully manufactured and marketable. The Tribunal found no grounds to reject the findings of the authorities regarding the manufacture and marketability of the stolen goods. The theft itself was not considered an unavoidable cause for remission of duty, as per legal precedent. The letter from the Superintendent did not support the appellants' case for remission, as it confirmed the liability to pay full duty on the stolen goods. Consequently, the Tribunal upheld the impugned order, dismissing the appeal for lack of merit.