1999 (12) TMI 161 - AT - Central Excise

Summary

Issues:
Challenge to Order-in-Appeal confirming duty demand based on stock verification discrepancies.

Analysis:
The appellant contested a duty demand of Rs. 6,28,147 confirmed by the Commissioner (Appeals) based on discrepancies found during stock verification of finished goods. The Department alleged shortages and excesses, which the appellant attributed to flawed verification methods. The Commissioner (Appeals) expressed doubts about the correctness of figures but upheld the duty demand due to the appellant's acceptance in the Panchnama. The appellant argued that the Officers could have accurately accounted for stock using tags on each coil/packet, highlighting discrepancies in the verification process and providing explanations for alleged shortages/excesses. The appellant claimed the benefit of doubt, citing a previous Tribunal decision in a similar context.

The Respondent defended the order, stating that the appellant admitted to the discrepancies during the stock verification and signed the Panchnama, making subsequent doubts invalid. The Commissioner (Appeals) had already reduced penalties and dropped confiscation, granting some benefit of doubt. The Respondent relied on a Tribunal decision upholding duty demand and penalties when representatives signed stock records confirming excesses/shortages.

Upon review, the Judge noted the Commissioner (Appeals) acknowledged doubts about the verification method but upheld the duty demand based on the appellant's acceptance in the Panchnama. The Judge found a contradiction in the Commissioner's approach, granting benefit of doubt for penalties and confiscation but not for the duty demand. The Judge emphasized that the benefit of doubt should apply uniformly across all issues, including duty demand, confiscation, and penalties. Consequently, the Judge concluded that the impugned order could not stand and set it aside, allowing the appeal with any consequential benefits for the appellants under the law.