2004 (1) TMI 184 - AT - Central Excise

Summary

Issues involved: Appeal against duty demands confirmed on goods received under Chapter X procedures due to short receipt of certain liquid chemicals used in pesticide manufacture.

Summary:
1. The appellants appealed against duty demands confirmed on goods received under Chapter X procedures due to discrepancies in the receipt of certain raw materials. Shortages were noticed after receipt, and the appellants claimed that duty had been discharged for weight losses exceeding 1% as per the Standards of Weights and Measures Act, 1976. The authorities did not consider this aspect and rejected the condonation of transit loss within the permissible limit of 1%.

2. The appellants argued that the rejection of condonation of transit loss was not justified as Modvat credit was not applicable under Chapter X procedures. They contended that the weighbridge used by them had a permissible fluctuation of approximately 1%, which should have been taken into account.

3. Upon reviewing the permissible weight fluctuation as per the Standards of Weights and Measures Act, 1976, it was found that the shortages were within the acceptable margin of error. The discrepancies in weighments indicated that the weighbridge used by the appellants may not have been providing accurate reports, as evidenced by cases of excess goods received without objection.

4. Consequently, the Tribunal held that the duty demand under Rule 196 of the Central Excise Rules, 1944, read with Section 11A of the Central Excise Act, 1944, could not be sustained. The penalty under Rule 173Q was also deemed unnecessary. The lower authorities' order confirming the duty demand and imposing the penalty was set aside, and the appeal was allowed.