2010 (2) TMI 444 - AT - Central Excise

Demand - Shortage of process fabrics - During the visit of the officers to the appellants factory, shortage of processed fabrics was found and consequently investigation made and confirm the demand and penalty. Held that - just because some supplier not available and some saying that not supplied fabris, fact that assessee not accounted for fabrics not ignorable. Duty demand correctly made. Further held that option given to pay 25% of penalty within 30 days on condition of deposit duty and interest.

Summary

Issues:
1. Duty demand and penalty imposition based on shortage of processed fabrics.
2. Identification of suppliers of grey fabrics and their statements.
3. Request for cross-examination of suppliers and cum duty benefit.
4. Admission of duty liability before the Settlement Commission.
5. Value assessment based on partner's statement and normal practice.
6. Claim for cum duty benefit and penalty imposition.
7. Applicability of Section 11AC and the option for penalty payment.
8. Decision on penalty imposition on the partner.

Analysis:
1. The case involved a duty demand and penalty imposition due to a shortage of processed fabrics found during a visit to the appellant's factory. After investigation and recording of statements, a duty demand of Rs. 10,43,542/- with interest was confirmed, along with a penalty equal to duty and a personal penalty on the partner of the firm.

2. The appellant's advocate argued that some grey fabric suppliers were non-traceable or denied supplying fabrics. The request for cross-examination of suppliers was not allowed. The appellant also sought cum duty benefit. However, the Departmental Representative contended that the appellant had admitted duty liability before the Settlement Commission.

3. The Tribunal considered both sides' submissions. Despite the unavailability of some suppliers and their denial of supplying fabrics, the appellant's failure to account for the fabrics was noted. The admission of duty liability before the Settlement Commission, even if the matter was remanded on technical grounds, supported the Department's case.

4. The value assessment was based on the partner's statement and the department's normal practice of adopting the value of goods sold by job workers for assessment. The Tribunal found no merit in the claim for cum duty benefit. Regarding penalty, the Tribunal agreed that the appellant should be given an option as per Section 11AC, citing a previous Tribunal decision.

5. The duty demand with interest was upheld. The appellant was given the option to pay 25% of the duty amount within thirty days, subject to full deposit of duty and interest within the same period. Failure to comply would increase the penalty liability to 100% of the duty. The penalty on the partner was set aside considering the circumstances of the case.

This detailed analysis covers the duty demand, penalty imposition, supplier identification, admission of duty liability, value assessment, cum duty benefit, penalty options, and the decision on the partner's penalty in the judgment delivered by the Appellate Tribunal CESTAT AHMEDABAD.