2010 (4) TMI 315 - AT - Central Excise

Demand- shortage proof- M/s. Pragati Glass Pvt. Ltd. is engaged in the manufacture of glass bottles and tumblers. During the visit of the Central Excise Officers a shortage of 12, 56, 000 glass bottles was found. After issue of show cause notice and the adjudication proceedings duty demand of Rs. 4, 01, 920/- on the glass bottles found short was confirmed with interest. A penalty equal to duty was imposed on M/s. Pragati Glass Pvt. Ltd. (PGL) and a penalty of Rs. 4, 01, 920/- was also imposed on Shri R.I. Shah Director of PGL. On an appeal filed by PGL and the Director the Commissioner in the impugned order allowed the appeals and set aside the impugned order in its entirety. Hence Revenue is in appeal. Held that- Commissioner has discussed the matter in detail analyzed the evidence and has come to the right conclusion. Therefore I consider that the impugned order is required to be upheld and accordingly appeal filed by the Revenue is rejected.

Summary

Issues:
- Duty demand on glass bottles found short
- Imposition of penalties on the company and the director
- Appeal against the Commissioner's order

Analysis:
1. Duty Demand on Glass Bottles Found Short:
The case involved M/s. Pragati Glass Pvt. Ltd., which faced a duty demand of Rs. 4,01,920 on 12,56,000 glass bottles found short during a visit by Central Excise Officers. The director admitted selling the bottles without paying duty. The Revenue contended that the director's admission was sufficient evidence, despite a subsequent retraction. However, the advocate for the company argued that the quantity of bottles found short was minimal, less than 1%, and the stock verification process was not exhaustive due to the variation in bottle sizes and designs across multiple godowns. The Tribunal noted discrepancies in the stock-taking process and lack of thorough investigation post the director's retraction, leading to the rejection of the Revenue's appeal and upholding the Commissioner's decision to set aside the duty demand.

2. Imposition of Penalties on the Company and Director:
In addition to the duty demand, penalties were imposed on both M/s. Pragati Glass Pvt. Ltd. and the director for selling the glass bottles without paying duty. The Revenue argued that the penalties were justified based on the director's initial admission. However, the Tribunal considered the lack of comprehensive stock verification and the absence of supporting evidence beyond the director's statement. The Tribunal upheld the Commissioner's decision to set aside the penalties, emphasizing the need for proper documentation and evidence in such cases.

3. Appeal Against the Commissioner's Order:
The appeal was filed by the Revenue challenging the Commissioner's decision to set aside the duty demand and penalties. The Tribunal carefully evaluated the arguments presented by both sides, scrutinized the stock-taking process, and highlighted the deficiencies in the investigation conducted by the Excise Officers. Ultimately, the Tribunal concluded that the Commissioner had thoroughly analyzed the evidence and reached a sound decision. As a result, the Tribunal rejected the Revenue's appeal, affirming the Commissioner's order in favor of M/s. Pragati Glass Pvt. Ltd.