1994 (11) TMI 247 - AT - Central Excise

Summary

Issues:
1. Duty demand based on discrepancy in dates on Gate Pass.
2. Allegation of tampering with statutory document.
3. Liability for penalty due to tampering with records.

Analysis:
1. The appeal challenged a duty demand of Rs. 42,480/- imposed on the appellant by the Additional Collector of Central Excise, Bangalore. The discrepancy arose from the date on the Gate Pass issued on 17-4-1986, while the consignment was sent on 19-4-1986. The appellant argued that the change in date was to meet financial needs and not for clandestine removal of goods. The Departmental Representative alleged double transport as the reason behind the date manipulation. Investigations revealed conflicting dates on documents and statements. The Tribunal observed the lack of concrete evidence supporting clandestine removal and granted the appellant the benefit of doubt. However, the appellant was held liable for tampering with the statutory document, leading to a reduced penalty of Rs. 1,000/- from Rs. 10,000/-.

2. The appellant admitted to altering the Gate Pass date at the request of the consignee's accounts department for audit purposes, without realizing the implications. The Executive Director's actions in changing the date were considered a violation of statutory requirements, leading to liability for penalty. The Tribunal emphasized the importance of evidence linking the date change to illicit activities, such as unaccounted goods or discrepancies in production. In the absence of such evidence, the Tribunal viewed the tampering as a suspicious circumstance rather than conclusive proof of wrongdoing.

3. The Tribunal acknowledged the seriousness of tampering with records and imposed a penalty on the appellant for this offense. Despite reducing the penalty amount significantly, the Tribunal emphasized the need for compliance with statutory requirements to maintain the integrity of documentation in excise matters. While granting the appellant the benefit of doubt regarding clandestine removal of goods, the Tribunal underscored the importance of upholding legal standards in record-keeping practices to prevent potential misuse or misrepresentation.