2005 (2) TMI 652

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..... 0 MT on 1-9-2000 (+ 274 Nos. of ingots) 3. On that day the appellant had 2227 ingots. The total weight and the excess weight of 26 MT was worked out by taking the average weight of 95 kgs. per ingot. This weight of 95 kg. per ingot was told to the Excise Officers by one Mr. Chumman Lal, Authorized signatory of the appellant. 4. On 2-9-2000 the Director of the appellant s company wrote the following letter:- Sir, A team of Central Excise Officers visited our factory on 1-9-2000 and seized a quantity of 26.005 MT M.S. Ingots alleged to be the excess quantity over and above the RG-I balance. The so-called excess quantity was arrived at by the officers by counting the Ingots and multiplying it with 95 kg. as mentioned in t .....

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..... liable to confiscation for the violation of Rule 53 of the Central Excise Rules. That Rule reads as under:- Daily stock account - (1) Every manufacturer shall maintain a stock account in such Form as the Collector may in any particular case or class of cases allow, and shall enter in such account daily- (a) description of goods, (b) opening balance, (c) quantity manufactured, (d) quantity deposited in the store-room, or other place of storage approved by the Collector under rule 47, (e) quantity removed, after payment of duty from such store-room or other place of storage or from the place or premises specified under rule 9, (f) quantity delivered from the factory without payment of duty f .....

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..... books of account as are maintained under sub-rule (1), before they are brought into use, for authentication by the proper officer in such manner and at such time as the Collector may direct, and such books of account shall be deemed to be a stock account in the proper form . 6. The submission being made in the present appeal is that the finding regarding excess unaccounted stock has no factual basis at all inasmuch as quantification was done on an assumed weight of 95 kg. per ingot without weighing any ingot at all. Learned Counsel also pointed out that the letter of the Director of the Company written on the very next day had submitted correct factual position before the Central Excise authorities and the authorities were not justified i .....

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