1997 (1) TMI 230 - AT - Central Excise

Summary

Issues:
- Confirmation of demand under Central Excise Act, 1944
- Imposition of penalty under Central Excise Rules, 1944
- Allegations of clearance of vehicles without payment of duty
- Discrepancies in the computation of clearances
- Controversy over the inclusion of closing stock in the inventory
- Rebuttal of department's calculation by the appellant
- Tribunal's decision on the demand and penalty

Confirmation of Demand under Central Excise Act, 1944 and Imposition of Penalty:
The appellant filed an appeal against the Order-in-Original confirming a demand of Rs. 3,46,95,525.32 under Section 11 A of the Central Excise Act, 1944, and a penalty of Rs. 5 lakhs under Rule 173 Q (a) (b) and (d) of the Central Excise Rules, 1944. The impugned order was upheld in part, with the demand on 321 vehicles being confirmed, while the demand on 1308 vehicles was contested.

Allegations of Clearance of Vehicles without Payment of Duty:
The case involved allegations that vehicles were cleared without payment of duty by manipulating gate passes and records. The appellant contested these allegations, highlighting discrepancies in the department's calculation of clearances and asserting that there was no evidence of clandestine removal of vehicles without duty payment.

Discrepancies in the Computation of Clearances:
The appellant argued that the department's method of deriving clearances from balance sheet figures and comparing them with RT 12 returns was flawed. They contended that the department erroneously ignored certain clearances and wrongly alleged clandestine removals. The appellant provided detailed explanations and evidence to counter the department's claims.

Controversy over the Inclusion of Closing Stock in the Inventory:
There was a dispute regarding the inclusion of closing stock in the inventory calculation. The appellant asserted that the closing stock included duty-paid vehicles in stockyards and in transit, which the department failed to consider accurately. The appellant's submissions emphasized that the computation method used by the department was incorrect.

Rebuttal of Department's Calculation by the Appellant:
The appellant refuted the department's calculation methodology, pointing out errors in the computation and emphasizing that the information provided included both duty-paid and non-duty-paid stocks. They argued that if the correct calculation method was applied, there would be no discrepancy, and no basis for alleging clandestine removal of vehicles without duty payment.

Tribunal's Decision on the Demand and Penalty:
After considering the arguments and evidence presented by both parties, the Tribunal found merit in the appellant's contentions. The Tribunal set aside the demand for 1308 vehicles, amounting to Rs. 2,60,89,093.03, as unsustainable. The matter was remanded for de novo adjudication on this issue. However, the demand for 321 vehicles, totaling Rs. 86,06,432.29, was upheld. The Tribunal disposed of the appeal accordingly, allowing the appeal in part and remanding the matter for further proceedings on the remaining demand.