1986 (6) TMI 205 - AT - Central Excise

Summary

Issues:
1. Confiscation of excess stock and imposition of fines.
2. Demand of duty on shortages.
3. Imposition of penalty under Rule 173Q.
4. Failure to maintain proper records.
5. Mitigating circumstances due to sickness of storekeepers.
6. Applicability of fines and penalties.

Analysis:
The case involved the confiscation of excess stock and imposition of fines, along with the demand of duty on shortages and the imposition of a penalty under Rule 173Q. The appellant's plea that the excess stock was from the previous day's production due to the sudden sickness of storekeepers was dismissed by the adjudicating authority. The authority emphasized the appellant's obligation to maintain records as per the law, disregarding the mitigating circumstances of sickness affecting record-keeping.

The appellant argued that the entries in the records were not made due to the sudden sickness of storekeepers, which was supported by statements and affidavits. The appellant contended that regular production records were maintained for some goods, and malafides were not present in the record-keeping lapses. Additionally, it was highlighted that transformers were pending testing before entry into records.

The appellant further argued that the storage locations of the excess goods did not indicate an intention to suppress production clandestinely. Regarding the shortage of electrical laminations, the appellant suggested it could be due to a weighment error given the nominal shortage against a substantial stock quantity.

After reviewing the records and considering the appellant's submissions, the tribunal found merit in the appellant's claim that the record entries were affected by the sickness of storekeepers. The tribunal noted the unintentional nature of the breach and the absence of malafide intent. Consequently, the tribunal deemed the fines and penalties imposed as disproportionately high and reduced the fine in lieu of confiscation from Rs. 25,000 to Rs. 1,000 and the penalty from Rs. 10,000 to Rs. 500.