2004 (4) TMI 395 - AT - Central Excise

Tribunal Rules Duty Demand Unjustified for Additional Stock Intended for Processing

The Tribunal held that duty demand on additional finished stock beyond the declared quantity on 15-12-1998 was unjustified as the stock was intended for ... Demand - Excess stock Issues: Duty liability on additional finished stock of fabrics beyond the declared quantity on 15-12-1998.Analysis:1. The appellant, a fabric processor, faced duty demands on additional finished stock beyond the declared quantity on 15-12-1998. The appellant cleared the declared stock on ad valorem basis but was later alleged to have an extra finished stock of 6,47,801.45 Linear meters, leading to duty demands.2. The appellant's representative argued that the declared stock of 1,19,449.10 Linear meters was verified and accepted by the Central Excise officer on 15-12-1998. The officer made no entry for the additional stock of 6,47,801.45 Linear meters, which was considered as 'loose' and intended for further processing and sale. The appellant submitted detailed explanations and declarations regarding the stock status on the mentioned date.3. The Tribunal observed that the appellant had correctly declared and verified the finished goods stock as 1,19,449.10 Linear meters on 15-12-1998. The stock in 'loose' condition was intended for subsequent processing and was part of the next day's opening balance. The Tribunal found the duty demand on the additional stock unjustified, as it was carried forward for further processing along with fresh issues from the Form IV register.4. Consequently, the Tribunal held that the duty demand by the Revenue was unsustainable. The impugned order was set aside, and the appeal was allowed in favor of the appellant. The Tribunal emphasized that the duty claim on the additional stock beyond the declared quantity on 15-12-1998 was not justified, considering the stock's intended use for further processing and sale.