2007 (10) TMI 522 - AT - Central Excise

Tribunal overturns penalties for raw material shortage, lacks evidence of clandestine removal.

The Tribunal set aside the penalties imposed on the appellants for shortage of raw materials, despite upholding the duty demand. The lack of evidence ... Penalty - Cenvat/Modvat - Clandestine removal - Proof of Issues:The appeal against the order of the Commissioner (Appeals) regarding shortage of raw materials and imposition of penalties.Shortage of Raw Materials:- Officers found shortage of raw materials valued at Rs. 10,21,228/- on which Cenvat credit was taken.- Amount of credit involved on the short found raw material was Rs. 1,63,397/-.- Shortage admitted and credit reversed on the same day.- Show cause notice issued and penalty imposed against the company and two employees.- Commissioner (Appeals) upheld the penalty.Legal Arguments:- Appellant's advocate does not contest the credit reversal but argues against the penalty citing a High Court decision.- SDR supports Commissioner (Appeals) decision and cites other cases to justify the penalty.Judgment:- Tribunal acknowledges the admitted shortage of raw material and the prompt reversal of credit by the company.- Lack of explanation for the shortage and absence of evidence on illegal disposal of raw material.- Tribunal finds no justification for sustaining penalties on the company and employees.- Duty demand upheld but penalties set aside for all appellants.Conclusion:The penalties imposed on the appellants were set aside by the Tribunal based on the lack of evidence supporting the allegation of clandestine removal of the short found goods, despite upholding the duty demand.