2006 (8) TMI 336 - AT - Central Excise

Partial appeal success in excise duty case; penalties upheld for company, Director penalty rescinded

The Tribunal partially allowed the appeals, upholding duty, penalties, and interest on the company but rescinding the personal penalty on the Director. ... Demand - Penalty Issues:Appeal against Order-in-Appeal confirming duty demand and penalties on company and Director.Analysis:The case involved a dispute arising from a shortage of man-made fabrics found during a stock verification at the factory of the appellant. The Central Excise officers alleged clandestine removal of goods and issued a show cause notice demanding duty payment and penalties on the company and its Director. The adjudicating authority upheld the duty demand and penalties, a decision affirmed by the Commissioner (Appeals), leading to the current appeal.The appellant argued that the stock taking did not consider excess stock found at a sister concern and that there was no specific evidence of clandestine removal. Regarding the penalty on the Director, it was contended that he was absent during the relevant period. The Department, however, maintained that the shortage was evident during physical verification and supported by the Director's statement.Upon review, the Tribunal found the appellant's explanations unsatisfactory as they failed to provide documentary evidence of duty payment for the missing goods. The Director's statement hinted at possible clandestine removal, although attributing it to clerical staff involvement. The Tribunal dismissed the appellant's argument about excess stock at the sister concern, emphasizing proper recording of manufacturing and clearances. Consequently, the duty demand, penalties, and interest on the company were upheld.Regarding the personal penalty on the Director, the Tribunal noted the absence of direct evidence linking him to the clandestine removal. As the Revenue did not present contradictory statements from clerical staff, the Tribunal set aside the personal penalty on the Director. Ultimately, the appeals were partially allowed, upholding duty, penalties, and interest on the company but rescinding the personal penalty on the Director.In conclusion, the Tribunal's decision was based on the lack of satisfactory explanations from the appellant regarding the shortage of goods, the Director's statement hinting at possible clandestine removal, and the absence of direct evidence implicating the Director in the misconduct. The judgment clarified the evidentiary standards required for imposing penalties on company officials in excise duty cases.