2008 (3) TMI 572 - AT - Central Excise

Clandestine removal - Proof - Scope of Adjudication order - excesses and shortages of Finished Goods - confiscation - redemption fine - penalty

Summary

Issues involved:
1. Discrepancies in physical stock of steel ingots, Runners & Risers, and raw materials.
2. Confiscation of excess stock and imposition of penalties.
3. Validity of duty demand based on eye estimation.
4. Allegations regarding duty payment and removal of inputs.
5. Confiscation of excess finished goods and imposition of penalties.

Analysis:

1. Discrepancies in physical stock:
The officers conducted a search at the factory premises and found discrepancies in the physical stock of steel ingots, Runners & Risers, and raw materials. Excess stock of steel ingots and Runners & Risers was seized as it was not accounted for in the statutory records. The stock verification of raw materials also revealed a shortage, leading to duty payment by the appellants.

2. Confiscation and penalties:
The Assistant Commissioner confirmed the duty on the shortages and imposed penalties on the appellants and the Director. The Commissioner (Appeals) upheld this decision. However, the Tribunal found that the demand of duty and confiscation of goods were not sustainable due to unreliable eye estimation methods and lack of evidence of clandestine clearance. Therefore, the penalties and confiscation were set aside.

3. Validity of duty demand based on eye estimation:
The Tribunal emphasized that eye estimation for ascertaining physical stock is prone to error and not a reliable method. Relying on case laws, the Tribunal held that the demand of duty based on shortages determined through eye estimation was not sustainable.

4. Allegations regarding duty payment and removal of inputs:
The Commissioner's finding that the shortages indicated improper credit or removal of inputs without payment was deemed baseless by the Tribunal. Allegations made without specific findings on facts or law were considered invalid. The Tribunal emphasized the importance of factual evidence in confirming duty demands.

5. Confiscation of excess finished goods:
The Tribunal noted that the excess finished goods were found in the factory premises without any attempt at clandestine clearance. The weighment was done on an actual basis, and the failure to properly record the goods did not warrant confiscation. Citing relevant case laws, the Tribunal set aside the confiscation and penalties imposed on the appellants.

In conclusion, the Tribunal set aside the impugned orders, allowed the appeals filed by the appellants, and provided consequential relief as per the law, highlighting the importance of accurate stock verification methods and the need for factual evidence in duty demands and confiscation decisions.