1997 (5) TMI 194 - AT - Central Excise

Summary

Issues:
1. Duty demand on picture tubes
2. Transfer of assets and liabilities
3. Verification of stocks and duty payment

Analysis:
1. The Collector (Appeals) confirmed a duty demand of Rs. 8,92,073 on 2,949 picture tubes of 20" and imposed a penalty of Rs. 50,000 on the company. The appellants, engaged in manufacturing picture tubes, claimed that the remaining tubes were damaged and not fit for repair, thus no duty was due. The Department alleged removal without duty payment, leading to a show cause notice.

2. The appellants filed an appeal against the order, mentioning a change in company name due to the takeover of assets and liabilities. The facts revealed that out of 3,437 transferred picture tubes, 488 were cleared after repair with duty payment, while the remaining 2,949 were deemed damaged. The physical verification showed 2,916 pieces in various conditions, with 33 unaccounted for.

3. The Department argued that the unaccounted tubes should have been destroyed or duty paid, as no application for destruction was made. The Tribunal noted discrepancies in the verification report but found that the 2,916 tubes were inside the factory premises and accounted for. Only 33 tubes were unexplained, leading to their confiscation. The penalty was reduced to Rs. 1,000 due to the findings.

In conclusion, the Tribunal modified the order, upholding the confiscation of 33 unaccounted picture tubes and reducing the penalty. The duty demand was dismissed for the tubes found inside the factory premises, as they were accounted for and taken out for reprocessing with proper authorization.