1994 (12) TMI 237 - AT - Central Excise

Summary

Issues: Alleged excess quantity of molasses based on dip reading accuracy.

In this case, the appellants challenged Order-in-Original No. 4/Addl. Collr./MP/91, alleging an excess quantity of 4668.12 quintals of molasses based on dip reading. The appellant's advocate argued that determining the actual weight of molasses through dip reading is not accurate due to volumetric changes caused by various factors like density changes and viscosity. Referring to the Hand-Book of Cane Sugar Engineering, it was contended that foaming in molasses can lead to substantial variations in volume, making manual weighing the only accurate method. The advocate highlighted instances where actual weight was drained out and recorded in books in previous years, indicating a bona fide accounting practice. The appellant emphasized the unreliability of volumetric methods due to the nature of molasses and its susceptibility to foaming and other factors affecting volume accuracy.

On the other hand, the Departmental Representative (DR) argued that the excess quantity was confirmed through dip reading, which was not denied by the appellants. The DR pointed out that the Lab Incharge of the Party had acknowledged the difference noticed by officers during dip reading. The DR also mentioned that an allowance had been given by the Adjudicating Authority regarding dip readings, indicating some discrepancy in measurements. However, the Adjudicating Authority acknowledged the presence of foaming in molasses, which can affect volume accuracy due to factors like ambient temperature and chemical decomposition during processing. The literature submitted by the appellants highlighted the challenges in accurately determining volume-based weight due to the presence of air in molasses, especially in cases of repeated handling. The literature suggested that precise control on volume basis is impossible and advocated for weighing molasses for accurate measurement. The history of draining tanks and charging duty based on actual weighment in the past further supported the appellant's argument for the reliability of manual weighing over volumetric methods.

After considering all the arguments and factors, the judge concluded that due to the nature of molasses and the limitations of volumetric methods caused by foaming and other variables, the charge of excess quantity based on dip reading could not be sustained. The judge set aside the original order and allowed the appeal, emphasizing the importance of actual weighment for accurate determination of duty payment in the case of molasses.