1962 (3) TMI 75 - SUPREME COURT

Evasion of duty on 11,606 maunds of sugar at the rate of Rs. 5-10-0 per cwt - Held that:- Appeal allowed. Not because an error due to carelessness in maintaining the registers properly as required by Rule 83 does not amount to a contravention of that rule; the only reason why we mention this is that in a factory where the turnover of sugar is so considerable and the operations conducted in which the human element plays a significent part it would not be right to base calculations on the surmise that over filling of the tanks was being practised systematically. No doubt, during the test, the tanks were slightly over filled on nine out of ten occasions as pointed out by the Assistant Chemical Examiner. But this could be att ributed to a slight failure of the human element resulting from the fact that a special operation was being conducted by the operators in the presence of a Government official. We would, however, make it clear that these observations are just incidental and are not the basis of our decision.

Quash the order of the Central Government and the two tribunals below as well as the directions requiring the appellant to pay the additional excise duty of Rs. 90,921-14-0 on 11,606 maunds of sugar and fine of Rs. 2,000. If the appellant has paid the duty and the penalty it should be refunded.