1990 (2) TMI 185 - AT - Central Excise

Summary

Issues involved:
The issues involved in the judgment are incomplete and improper maintenance of prescribed records and clandestine removal of goods.

Incomplete and Improper Maintenance of Prescribed Record:
The appellant, a manufacturer of ISI marked LPG cylinders, admitted to not maintaining the RG-1 register up to date. However, they argued that the lack of maintenance did not automatically imply clandestine removal of goods. The appellant provided explanations for the lapse in record-keeping, citing reasons such as the resignation of the concerned officer and the lack of proper knowledge by the replacement. They contended that the absence of physical evidence of clandestine removal, coupled with the stringent manufacturing process and inspection requirements for LPG cylinders, made such removal impractical. The appellant also highlighted that the goods were supplied exclusively to public sector oil companies, making clandestine removal unlikely due to the obligation of these firms to pay excise duty.

Clandestine Removal of Goods:
The Tribunal found merit in the appellant's arguments regarding the lack of conclusive evidence for clandestine removal. Emphasizing the need for direct physical evidence or sufficient circumstantial evidence to prove such charges, the Tribunal noted the stringent manufacturing specifications and inspection processes for LPG cylinders. The Tribunal observed that a correlation between serial numbers of cylinders and related documents, such as ISI certificates and valve records, was feasible and should have been investigated by the authorities. Consequently, the Tribunal set aside the lower authorities' orders and remanded the matter for further verification, directing the Asstt. Collector to allow the appellants to present evidence supporting their contentions and to facilitate the correlation of cylinder numbers with relevant documents.

Conclusion:
The judgment concluded by remanding the matter to the Asstt. Collector for a thorough examination of the records maintained under the Explosives Act and the contracts, allowing the appellants to substantiate their claims and correlate cylinder numbers with pertinent documents. The Asstt. Collector was instructed to consider all submissions and evidence before issuing an appropriate order in accordance with the law. Ultimately, the appeal was disposed of in favor of the appellants, highlighting the importance of proper investigation and evidence in cases involving allegations of clandestine removal of goods.