2012 (12) TMI 618 - AT - Central Excise

Shortage in consignment of waste paper - difference in invoice and bills of entry - Waiver of pre-deposit of duty, interest and penalty - Held that - In some consignments there is a shortage of 5.61 MT, 15.810 MT and 84 MT respectively, thus in view of these huge shortages received in respect of the goods on which credit has been availed applicants have not made out a case for total waiver of duty - No financial hardship is pleaded - The applicants are directed to pre deposit an amount of Rs.4,00,000/- within eight weeks from order date.

Summary

Issues:
1. Application for waiver of pre-deposit of duty, interest, and penalty.
2. Discrepancy in quantity of waste paper received by the applicants.
3. Allegation of availing credit for quantity not received in the factory.

Analysis:
The judgment by the Appellate Tribunal CESTAT MUMBAI involved the application for waiver of pre-deposit of duty, interest, and penalty by the appellant. The case revolved around the discrepancy in the quantity of waste paper received by the applicants, leading to a demand being raised by the Revenue after denying credit. The applicants, engaged in the manufacture of paper and paper board, imported waste paper and paid appropriate CVD while availing credit for the same. The Revenue alleged that there was a shortage of 770.369 MT of waste paper received by the applicants between December 2005 and September 2009, on which credit of Rs.12,06,663/- was availed.

During the proceedings, the applicants argued that the discrepancies in the quantity of waste paper were due to variations in weight, primarily influenced by moisture content. They contended that the overall shortage was negligible, approximately 0.52%, and that they weighed the consignments upon receipt in the factory. The Revenue, however, pointed out specific instances of significant shortages in certain consignments, such as 5.61 MT, 15.810 MT, and 84 MT, where the applicants had availed credit for quantities not actually received in the factory.

Upon reviewing the facts and circumstances, the Tribunal found that the applicants had not established a strong case for a total waiver of duty. While no financial hardship was pleaded, the Tribunal directed the applicants to deposit a sum of Rs.4,00,000/- within eight weeks. Upon compliance with this directive, the remaining amount of duty, interest, and penalty was waived, and the recovery of the same stayed during the pendency of the appeal. The deadline for compliance was set for 13.12.2012.