2010 (8) TMI 899 - AT - Central Excise

Tribunal Upholds Appellant's Argument on Tolerance Limit for Excess Stock

SHAKUMBARI SUGAR & ALLIED INDUS. LTD. Versus COMMR. OF C. EX., MEERUT-I

The Tribunal directed the Original Adjudicating Authority to reexamine the case considering the 10% tolerance limit for excess stock of molasses as per ... - Issues:Appeal against duty demand, interest, and penalty confirmed by Adjudicating Authority based on excess stock of molasses found during stock verification using dip reading method. Rejection of remission claim by Range Superintendent and subsequent appeal. Interpretation of tolerance limit of 10% for excess stock of molasses.Analysis:1. Duty Demand and Rejection of Remission Claim:The appellant, a sugar and molasses manufacturer, appealed against duty demand, interest, and penalty confirmed by the Adjudicating Authority due to an excess stock of 4000 quintals of molasses found during a stock verification using dip reading method. The appellant entered the excess stock in their RG-I Register under protest, later adjusting the actual stock to 2182.60 quintals. The lower Appellate Authority rejected the appeal citing the rejection of a remission claim by the Range Superintendent, which the appellant filed at the Department's insistence. The appellant argued that they were not provided details of the rejection and made efforts to obtain the order, but without success. The Tribunal found that the rejection of the remission claim did not provide sufficient grounds for appeal as the appellant had not received a formal order detailing the rejection. The Tribunal directed the Original Adjudicating Authority to reexamine the case considering the 10% tolerance limit for excess stock as per ISI specifications.2. Tolerance Limit and Legal Precedents:The appellant contended that the excess stock of 1817.40 quintals fell within the 10% tolerance limit allowed for storage of molasses as per ISI specifications. Citing legal precedents such as Bajaj Hindustan Ltd. v. CCE, Kanpur and Rosa Sugar Works v. CCE, Lucknow, the appellant argued that no duty should be demanded on the excess amount within the tolerance limit. The Department, however, supported the impugned order, emphasizing the acceptance of dip method for stock verification and the finality of the rejected remission claim. The Tribunal agreed with the appellant's argument regarding the tolerance limit and directed the Original Adjudicating Authority to assess the 10% tolerance in the appellant's case, providing the appellant with a fair opportunity to present their case.3. Remand and Further Proceedings:After considering both parties' submissions, the Tribunal remanded the matter back to the Original Adjudicating Authority for a detailed examination based on the directions provided. The Authority was instructed to determine the 10% tolerance in the appellant's case and ensure the appellant's right to present their case adequately. The Tribunal's decision aimed to address the discrepancies in the stock verification process, the rejection of the remission claim, and the application of the tolerance limit, providing a fair opportunity for the appellant to contest the duty demand based on the excess stock found during the initial verification.In conclusion, the judgment highlighted the importance of procedural fairness, legal precedents, and technical specifications in resolving the dispute over duty demand, interest, and penalty related to the excess stock of molasses, ultimately ensuring a thorough reexamination of the case by the Original Adjudicating Authority.