2017 (5) TMI 1453 - AT - Central Excise

Tribunal overturns redemption fine & penalties due to goods discrepancies. Director penalties unsustainable.

The Tribunal set aside the redemption fine and penalties imposed on the appellant due to discrepancies in goods found during a search, as stock ... Shortage of finished goods - excess of finished goods - confiscation - redemption fine - penalty - Held that: - it is admitted position in the case that the stock verification was done on eye estimation basis, moreover, the discrepancies in stock taking have been admitted by the Revenue in the adjudication order which has not challenged by the Revenue, therefore, the charge of shortage/excess of finished goods is not sustainable - redemption fine and penalty are not imposable - appeal dismissed - decided against Revenue. Issues: Appeal against order confiscating goods, redemption fine, and penalty imposition; Exoneration of Director from penalty.Analysis:1. The appellant challenged an order confiscating goods and imposing redemption fine and penalty due to discrepancies found during a search at their premises. The Revenue also appealed against the exoneration of the Director from penalties.2. During the search, discrepancies in raw materials and finished goods were noted, with stock verification done on an eye estimation basis. The show cause notice was issued based on these discrepancies, leading to the imposition of fines and penalties on the appellant and the Director. The Commissioner confirmed the fines on the appellant but dropped the penalty against the Director.3. The Tribunal noted that the stock verification was done on an eye estimation basis, and discrepancies were admitted by the Revenue. The Tribunal cited a previous case where stock discrepancies based on eye estimation were not upheld, leading to the set aside of fines and penalties.4. Since the stock taking was not physically verified, the charges of excess or shortage of goods were deemed unsustainable. Consequently, the redemption fine and penalties imposed on the appellant were set aside.5. As penalties cannot be imposed on the appellant for discrepancies in finished goods, the penalty on the Director was also deemed not sustainable. Therefore, the appellant's appeal was allowed, and the Revenue's appeal was dismissed.This detailed analysis outlines the issues, the events leading to the legal dispute, the Tribunal's reasoning based on precedent and legal principles, and the final decision in favor of the appellant and the Director.