2004 (10) TMI 173 - AT - Central Excise

Summary

Issues: Alleged confiscation of copper/alloy sheets due to unaccounted stock and clandestine removal.

In this judgment by the Appellate Tribunal CESTAT, New Delhi, the issue revolved around the confiscation of approximately 700 Kgs. of copper/alloy sheets on the grounds of excess stock during a stock taking on 18-11-2000, with allegations of unaccounted manufactured goods for clandestine removal. The appellant argued that the unaccounted stock was reject quality meant for re-melting, a common practice not entered as finished goods, as per the explanation provided in a statement dated 12-2-2001. The appellant contended that this explanation was not considered during the proceedings, leading to an unjust conclusion.

The appellant's explanation, given before the show cause notice was issued, highlighted the normal occurrence of reject goods in metal item manufacturing and was verifiable. The appellant emphasized that the presence of small quantities of unaccounted goods does not automatically imply clandestine intentions. The appellant's explanation was deemed reasonable and should have been evaluated before the notice was issued. The tribunal found merit in the appellant's argument, setting aside the impugned order and allowing the appeal. The judgment emphasizes the importance of considering all relevant explanations and circumstances before reaching a conclusion in cases of alleged unaccounted goods and clandestine removal.