1998 (5) TMI 158 - AT - Central Excise

Summary

Issues:
- Discrepancy in sales figures between balance sheet and RG 1 for duty evasion during 1987-88.
- Inclusion of peeling roller sales and transport charges in the balance sheet.

Analysis:
1. Discrepancy in Sales Figures:
The revenue authorities initiated a case against the appellants for evading duty based on a discrepancy in sales figures between the balance sheet and RG 1 for the period ending on 31-3-1988. The balance sheet showed higher sales figures for plywood compared to RG 1, leading to a demand for duty. The adjudicating authority upheld the duty demand based on this difference, prompting the appeal before the Tribunal.

2. Inclusion of Peeling Roller Sales and Transport Charges:
The appellant argued that the balance sheet included peeling roller sales under the plywood head and transport charges, which were not considered by the adjudicating authority. The appellant contended that peeling roller sales should be classified with plywood as they fall under Chapter 44 of the Central Excise Tariff. Additionally, the appellant argued that transport charges, not shown as a separate sub-head in the balance sheet, should be part of the sales figures. The Tribunal accepted these arguments, noting that the balance sheet divides sales into plywood and sawn timber categories. It concluded that peeling roller sales and transport charges should indeed be included in the sales figures on the balance sheet.

3. Tribunal's Decision:
After considering both sides' arguments, the Tribunal found that the balance sheet is not prepared according to Excise laws but under the Companies Act. It agreed with the appellant's position that peeling roller sales and transport charges should be included in the balance sheet's sales figures. The Tribunal deemed the minor discrepancy of Rs. 6,078.74 insignificant compared to the total sales amount, thus setting aside the duty demand and ruling in favor of the appellant. The appeal was allowed with consequential relief granted to the appellant.

In conclusion, the Tribunal's decision revolved around reconciling the discrepancy in sales figures by accepting the appellant's explanations regarding the inclusion of peeling roller sales and transport charges in the balance sheet. The judgment emphasized the correct interpretation of sales classifications and the insignificance of a minor discrepancy in the overall sales amount.