2004 (10) TMI 208 - AT - Central Excise

Summary

Issues:
1. Duty evasion through excess clearance of cement without payment.
2. Imposition of penalty under Section 11AC and Rule 173Q.
3. Interpretation of permissible error in weighment under the Standards of Weights and Measures Act, 1976.

Analysis:
1. The case involved the appellants clearing cement in excess of quantities shown in invoices without paying duty from September 1996 to January 1997. A show cause notice was issued for recovery of duty, interest, and penalty. The Additional Commissioner confirmed the duty and imposed penalties under Section 11AC and Rule 173Q. The Commissioner (Appeals) set aside the demand and penalty, leading to the Revenue's appeal.

2. The appellate tribunal noted that the lower authority recognized the permissible error of 2% in weighment of cement under the Standards of Weights and Measures Act, 1976. However, the discrepancy in this case was only 1% of the total quantity cleared during the period in question. The difference between tare weight and gross weight accounted for just 1% of the total quantity, which could be due to variations between weighbridges or methods of weighment. No compelling arguments were presented to challenge these findings. Consequently, the tribunal upheld the Commissioner (Appeals) decision and rejected the Revenue's appeal.

3. The tribunal's decision was based on the interpretation of the permissible error in weighment as stipulated by the Standards of Weights and Measures Act, 1976. By highlighting the limited 1% discrepancy in weighment and potential reasons for variations, the tribunal emphasized the importance of adhering to legal standards while considering practical challenges in weighment processes. The judgment underscored the need for substantive evidence to challenge established findings and supported the Commissioner (Appeals) ruling based on the legal framework and factual analysis presented.