1999 (9) TMI 359 - AT - Central Excise

Summary

Issues:
1. Confirmation of demand of duty for shortage of iron & steel scrap.
2. Confiscation and redemption fine imposed on seized copper and aluminium scrap.
3. Verification of stock and explanation for shortages.
4. Appellants' burden to prove stock tallied with records.
5. Modvat credit and duty exemption for aluminium and copper scrap.

Confirmation of Demand of Duty for Iron & Steel Scrap:
The appeal was filed against an order confirming the demand of duty for a shortage of 61.685 MT of Iron & Steel scrap found during a visit to the factory premises. The Additional Collector also imposed penalties and confiscated seized scrap. The appellant argued that proper verification was not done, and the physical stock was present in the factory, scattered throughout the premises. The officers had seized a larger quantity earlier, which was cleared gradually, leaving the recorded balance. The appellant contended that checks and verifications supported their claim of no shortage. However, the officers found shortages even after re-verification, and the burden was on the appellants to prove no discrepancies. The Tribunal upheld the demand of duty for the iron & steel scrap shortage.

Confiscation and Redemption Fine for Copper and Aluminium Scrap:
The appellant argued that the copper and aluminium scrap were exempt from duty, and the confiscation and redemption fine were unjustified. The Department did not rebut the claim that Modvat credit was not availed for aluminium goods, and the Additional Collector acknowledged the exemption for copper scrap. Consequently, the Tribunal vacated the confiscation order for copper and aluminium scrap but rejected the appeal on other grounds.

Verification of Stock and Explanation for Shortages:
The Revenue submitted that shortages were confirmed after re-verification, and satisfactory explanations were not provided by the appellants. The Tribunal noted the lack of a proper explanation for the shortages, even during the hearing, and emphasized the burden on the appellants to prove stock tallied with records. As the appellants failed to explain the shortages satisfactorily, the Tribunal found no error in confirming the demand of duty for the iron & steel scrap shortage.

Appellants' Burden to Prove Stock Tally with Records:
The Tribunal highlighted that the burden was on the appellants to demonstrate that the physical stock matched the records, especially after the Department found shortages during physical verification. As the appellants failed to provide a satisfactory explanation for the discrepancies, the Tribunal upheld the decision confirming the demand of duty for the iron & steel scrap shortage.

Modvat Credit and Duty Exemption for Aluminium and Copper Scrap:
The appellant claimed duty exemption and non-availment of Modvat credit for the aluminium and copper scrap. The Department did not contest these claims, and the Tribunal observed supporting statements from the Range Superintendent and the Additional Collector. Consequently, the Tribunal vacated the confiscation order for copper and aluminium scrap based on the exemption and non-availment of Modvat credit.