2005 (7) TMI 212 - AT - Central Excise

Summary

Issues:
Challenge to order-in-appeal affirming duty and penalty against the appellants based on shortage of finished goods as per R.G.I. register/stock register - Reliability of evidence from Production Incharge and Partner regarding shortage - Denial of cross-examination of panch witnesses - Allegations of clandestine removal of goods - Burden of proof on revenue.

Analysis:
The appeal challenged an order-in-appeal affirming duty and penalty against the appellants for a shortage of finished goods as per the R.G.I. register/stock register. The evidence relied upon by the revenue included statements from the Production Incharge and Partner of the appellants. The Production Incharge's statement, attesting to the shortage in the Panchnama, was not considered conclusive as he did not admit to the shortage in his separate statement recorded by the officers. Similarly, the Partner's alleged admission of shortage was not deemed sufficient evidence, especially since he was not present during the officers' visit and his request for cross-examination of panch witnesses was denied. The authorities failed to prove clandestine removal of goods by the appellants, and their plea that the alleged short found goods were defective and used in the factory was not considered. The burden of proof was on the revenue, and as they failed to discharge this burden, the duty demand was wrongly confirmed against the appellants. Consequently, the impugned order was set aside, and the appeal was allowed with consequential relief as per law.