2017 (11) TMI 754 - AT - Central Excise

Adjustment of shortage of raw material and finished goods against excess found during stock taking - reversal of CENVAT credit - Held that - identical issue has came up before the Tribunal in appellants own case for the earlier period M/s National Engineering Industries Ltd Versus Commissioner of Central Excise, Jaipur-I And Vica-Versa 2015 (10) TMI 1555 - CESTAT NEW DELHI , where it was held that While the whole discrepancy in physical stock has come to light only as per the stock taking conducted by the assessee, there is no allegation or evidence to the effect that the shortages/excesses are not attributable to accounting errors or complexities but are due to unaccounted clearances finished goods and consumption of raw material. In the absence of any such corroboration the assessee s plea on the non-sustainability of order reversing credit or demanding duty has strong force and is to be admitted - appeal allowed - decided in favor of appellant-assessee.

Summary

Issues:
Appeal against Order-in-Original regarding Central Excise duty on Ball Bearings and Axle Boxes for the period 2008-2013.

Analysis:
1. Background: The appellant, a manufacturer of Ball Bearings and Axle Boxes, filed an appeal against Order-in-Original No.100-14-15 dated 31.03.2015, covering the period 2008-2013. Both the assessee and Revenue contested the impugned order of the Commissioner.

2. Inventory Discrepancies: The appellant claimed to deal with a wide variety of raw materials and conducted an audit that revealed shortages and excesses in inputs and finished goods. The Revenue demanded reversal of credit on short inputs and excise duty on excess finished goods based on the audit findings.

3. Adjudication and Appeals: The Original Authority allowed adjusting shortages of raw material and finished goods against excesses found during stocktaking. The Authority ordered the reversal of Cenvat credit for short inputs and demanded duty on excess finished goods. Both the assessee and Revenue appealed against this decision.

4. Tribunal's Observations: The Tribunal noted that the appellant had a computerized accounting system managing various operations and conducted annual stock verification reconciling inventory positions. Minor discrepancies were deemed acceptable due to the large variety of materials involved. The Tribunal referenced similar cases where discrepancies within tolerance limits were allowed, emphasizing the absence of evidence attributing discrepancies to unaccounted clearances or consumption.

5. Decision: The Tribunal dismissed the Revenue's appeal against the Commissioner's order allowing adjustments of shortages with excesses, citing the detailed reasoning provided. The Tribunal emphasized that the physical inventory was conducted by the appellant, and the Revenue's involvement came later. The Tribunal upheld the appellant's appeal, allowing consequential relief and dismissed the Revenue's appeal. The miscellaneous application was also disposed of.

6. Final Verdict: Following the previous order, the Tribunal dismissed the department's appeal and allowed the appeal filed by the assessee. The judgment was dictated and pronounced in open court.