1997 (9) TMI 284 - AT - Central Excise

Summary

Issues involved:
The issues in this case involve the confiscation of excess goods, alleged clandestine removal of goods, discrepancies in stock taking, and duty liability.

Confiscation of Excess Goods:
The appeal arose from an Order-in-Appeal where excess goods valued at Rs. 2,13,226.24 were confiscated. The Commissioner held that it is a matter of practice to work out quantity on an average basis due to impracticality of weighing the entire stock. The appellants contested this decision on various grounds, including the method of stock taking and lack of proper consideration of submissions and case law.

Alleged Clandestine Removal of Goods:
The case involved allegations of clandestine removal of goods without duty payment. Shortage and excess in stock were noticed during physical verification, leading to charges against the appellants for such removal.

Discrepancies in Stock Taking:
Discrepancies were found in the stock of shapes and sections, M.S. Scrap, and ingots/billets/blooms. The Additional Commissioner rejected the party's contentions regarding the discrepancies, stating that the method of stock-taking was agreed upon by the party and witnesses. The appellants' pleas were dismissed without proper discussion or scrutiny of records.

Duty Liability and Legal Proceedings:
The Tribunal cited a similar case where discrepancies in stock taking led to the order being set aside. The Counsel argued that the department's procedure was incorrect, and discrepancies in weight and size were not properly addressed. The appellants' pleas were not considered, and subsequent proceedings were dropped, leading to the decision to remand the case for de novo consideration by the original authority.

Legal Precedents and Remand Decision:
The Counsel cited judgments to support their argument that the order of confiscation was not legal and proper. The Tribunal decided to set aside the impugned orders and remand the matter to the original authority for detailed consideration, taking into account the appellants' pleas and relevant judgments cited by them. The appellants were granted the opportunity to contest materials and provide fresh replies before a detailed order is passed.