2001 (7) TMI 806 - AT - Central Excise

Tribunal upholds Central Excise duty demand for marble slabs shortage, reduces penalty, sets aside signatory penalty.

The Tribunal upheld the demand of Central Excise duty against the Appellant Company for a shortage of marble slabs found during stock taking. The penalty ... Records and Returns - Shortages - Demand - Penalty Issues:- Demand of Central Excise duty and imposition of penalty due to shortage of marble slabs during stock taking.Analysis:1. Demand of Central Excise Duty and Imposition of Penalty:The appeals arose from a common Order-in-Appeal against the demand of Central Excise duty and penalty due to a shortage of marble slabs found during stock taking by Central Excise Officers. The duty amounting to Rs. 14,140/- was demanded along with penalties under various sections of the Central Excise Act and Rules. The Appellant disputed the findings of the stock verification, claiming no evidence of actual removal of the marble slabs. The penalty imposed on the Appellant Company was contested as excessive, while arguing against the imposition of penalty on the Authorised Signatory. The arguments presented by both sides focused on the accuracy of the stock verification process and the involvement of individuals in the alleged shortage.2. Verification Process and Findings:During the proceedings, it was revealed that the measurement of marble slabs was conducted by an employee of the Appellant Company. The statement of Shri Gehlot, the Authorised Signatory, indicated that only broken Thappis were measured approximately, not the entire stock. The Stock Verification Report detailed the dimensions of individual slabs, and the quantity in cubic meters was calculated based on these measurements. The Commissioner (Appeals) upheld the findings regarding the shortage of marble slabs, leading to the demand of duty against the Appellant Company. However, the Tribunal acknowledged that the penalty imposed was on the higher side, citing a previous judgment to emphasize that the maximum penalty is not mandatory in all cases. Consequently, the Appellant Company was directed to pay a reduced penalty of Rs. 8,000/- in total, and the penalty on Shri Gehlot was set aside.3. Final Decision:After considering the submissions from both parties, the Tribunal upheld the demand of duty against the Appellant Company for the shortage of marble slabs identified during stock taking. The penalty imposed on the Company was reduced to Rs. 8,000/- from the original amount. It was clarified that the penalty on the Authorised Signatory, Shri Gehlot, was not justified and thus set aside. The appeals were disposed of based on these decisions, bringing the matter to a conclusion as per the detailed analysis and considerations presented during the proceedings.