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of <h1>Tribunal Overturns Penalties for Alleged PVC Resin Shortages</h1> <h3>M/s. Mahavir Polyplast (P) Ltd. Versus Commissioner of Customs Central Excise, Kanpur</h3> M/s. Mahavir Polyplast (P) Ltd. Versus Commissioner of Customs Central Excise, Kanpur - 2013 (287) E.L.T. 139 (Tri. - Del.) Issues involved:Alleged shortage of PVC resin, Cenvat credit availed by appellants, confirmation of demand, imposition of penalty, retraction of statement by authorised signatory, evidence of clandestine activity, sufficiency of evidence, legal precedents on shortages of raw material, necessity of further investigation.Analysis:1. Alleged shortage of PVC resin and Cenvat credit availed:The appellants, engaged in PVC pipe manufacturing, faced allegations of a shortage of 52,000 Kgs of PVC resin during a visit by officers, involving Cenvat credit of duty amounting to Rs.2,50,900. The original adjudicating authority confirmed the demand and imposed penalties, which were upheld by the Commissioner (Appeals), leading to the present appeal.2. Retraction of statement by authorised signatory:The appellants highlighted the retraction of the statement by the authorised signatory, explaining that the raw material in the store room was considered, while material in other parts of the factory was not accounted for. They requested verification of the entire stock, emphasizing the lack of evidence beyond shortages to prove removal or utilization of PVC resin in final products not recorded in statutory records.3. Evidence of clandestine activity and sufficiency of evidence:The Revenue's case relied on the shortages detected and the statement of the authorised representative, Shri M K Jain. However, Shri Jain, a new employee, only acknowledged shortages without admitting any clandestine activity. The Tribunal emphasized that mere shortages do not conclusively indicate clandestine removal, citing previous decisions. The absence of further investigation to identify buyers or missing material raised doubts about the sufficiency of evidence.4. Legal precedents on shortages of raw material:The Tribunal referenced past cases where shortages alone were deemed insufficient to prove evasion of duty or clandestine activities. Decisions such as Commissioner of Central Excise, Surat vs. Finornic Chemicals and Galaxy Textiles vs. CCE Vapi emphasized that admissions of shortages do not automatically lead to adverse findings against the assessee. The Allahabad High Court ruling in Commissioner of Central Excise Kanpur vs. Minakshi Castings further supported the stance that shortages without evidence of clandestine removal do not imply duty evasion.5. Necessity of further investigation:The Tribunal concluded that the Revenue's case lacked substantial evidence beyond shortages and the statement of the authorised representative. The absence of a comprehensive investigation to trace missing material or potential buyers weakened the Revenue's argument. Notably, the visiting officers did not conduct a thorough search of the entire factory, raising questions about the validity of the allegations.In light of the above analysis, the Tribunal set aside the impugned orders, allowing the appeal with consequential relief to the appellant, highlighting the importance of substantial evidence and thorough investigations in cases involving alleged shortages of raw materials and duty implications.
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