2003 (11) TMI 490 - AT - Central Excise

Summary

Issues:
1. Duty demands and penalty under Section 11AC on shortages of HDPE granules.

Analysis:
The appellant contested duty demands and penalty under Section 11AC imposed by lower authorities regarding shortages of HDPE granules, an input for which credit was claimed. The appellant attributed the shortages to floods and provided evidence such as insurance claims to support their claim. They argued that the balance of the input never fell below a certain level, and any alleged removal of inputs without accounting would have resulted in lower balances. The appellant also highlighted their substantial balances in RG-23A Pt. II, indicating no motive for unaccounted removal of inputs. However, the appellant failed to attend the hearing, and the tribunal found their explanation of losses due to floods unsubstantiated. The lack of evidence from the Meteorological Department regarding heavy flooding in the area weakened the appellant's argument. The tribunal concluded that the demands were valid and payable due to the insufficient proof of flood-related losses.

Regarding the penalty under Section 11AC, the adjudicating authority upheld the penalty equivalent to the duty amount required to be paid and subsequently reversed during the investigation. The appellant was deemed responsible for the duty on unaccounted inputs, which was paid upon reversal. The tribunal rejected the explanations provided by the appellant, leading to the confirmation of the penalty. Consequently, the tribunal dismissed the appeal, affirming the duty demands and penalty under Section 11AC.