2003 (6) TMI 104 - AT - Central Excise

Summary

Issues:
Appeal against common order-in-appeal passed by the Commissioner (Appeals) regarding shortages of irregular Marble Slabs and clearance of goods without payment of duty based on loose slips.

Analysis:
The case involved appeals against an order passed by the Commissioner (Appeals) regarding shortages of irregular Marble Slabs and clearance of goods without payment of duty based on loose slips. The Revenue Department found a shortage of 286.659 sq. mtrs. of irregular Marble Slabs during a verification at the factory. Loose slips recovered during the search indicated clearance of goods without duty payment. The adjudicating authority confirmed the demand and imposed penalties on the Firm and individuals involved.

The appellant contended that the shortage was minor, less than 5% of total production, due to the nature of irregular marble slabs with varying shapes and sizes. They argued that the Revenue did not verify the contents of the slips or conduct inquiries with the firms/persons mentioned in the slips. The Revenue's case relied on an admission made by the Director regarding goods being cleared without payment of duty.

The Tribunal considered the nature of irregular marble slabs and the possibility of measurement mistakes due to their varying shapes and sizes. They found the minor shortage insignificant given the total stock. Regarding the loose slips, the Tribunal noted that the appellant's explanations were consistent and verifiable. They highlighted the lack of evidence from the Revenue to contradict the appellant's statements or verify the contents of the slips with the firms/persons mentioned.

Ultimately, the Tribunal set aside the demand and penalties, ruling in favor of the appellants. They emphasized the lack of evidence to prove the appellant's explanations false and the Revenue's failure to conduct necessary verifications. The appeals were allowed, and the demand and penalties were overturned.