2018 (12) TMI 1103 - AT - Central Excise

Tribunal overturns Central Excise duty demand on shortages in steel plant, citing measurement discrepancies.

M/s. SAIL, Durgapur Steel Plant Versus Commissioner of Central Excise, Bolpur

The Tribunal set aside the demand for Central Excise duty on shortages beyond prescribed limits in an integrated steel plant, citing discrepancies in ... Clandestine removal - shortage of stock - pig iron - stock taking conducted by the Internal Stock Verification Department - CBEC Circular No.52/79 CX.6 dated 26.10.1979 - whether the shortages noticed in Pig iron during the annual stock verification are to be charged to Central Excise duty? Held that:- It has been pointed out that the differences have arisen on account of different yardsticks adopted for accounting quantities. The criterion adopted for measuring the quantity of Pig iron at the stage of final product, is on the basis of actual weighment as appearing in Railway receipts. However, the stock verification quantities are estimated on volumetric basis. The total quantity of such material produced during the disputed period is also extremely high and is of the order of 19,53,003 MT. Appeal allowed - decided in favor of appellant. Issues Involved:- Dispute over shortages noticed during Annual Stock Verification exercise in an integrated steel plant.- Applicability of Central Excise duty on shortages of various iron and steel products.- Interpretation of CBEC Circular No.52/79 CX.6 regarding condonable limits for shortages in iron and steel products.- Justification of demanding Central Excise duty on shortages beyond prescribed limits.- Discrepancies in quantities of Pig iron due to different measuring standards.- Comparison of stock quantities estimated volumetrically with actual weighment at clearance stage.- Precedents set by previous Tribunal decisions in similar cases.Detailed Analysis:1. The appeal was filed against an Order-in-Original regarding shortages noticed during Annual Stock Verification in an integrated steel plant. The dispute centered around whether the shortages should be liable for Central Excise duty, with reference to CBEC Circular No.52/79 CX.6 setting condonable limits for shortages in iron and steel products.2. The adjudicating authority demanded Central Excise duty on shortages of Pig iron beyond the prescribed 2% limit, while dropping the demand for other iron and steel items with shortages below 1%. The appellant argued that discrepancies in quantities were due to different measuring standards and cited previous Tribunal decisions in similar cases.3. The Tribunal examined the differences in quantities of Pig iron, attributed to volumetric estimation during stock verification and actual weighment at the clearance stage. Noting the high quantity of material produced, the Tribunal referred to previous decisions where demands for shortages noticed during stock taking were set aside.4. The Tribunal upheld the appellant's argument, following the precedent set by earlier decisions where demands based on discrepancies between financial accounts and stock registers were not sustained. It was emphasized that the burden to prove clandestine activities lies with the Revenue, and in the absence of sufficient evidence, the demand for duty was deemed unjustified and barred by limitation.5. Ultimately, the Tribunal set aside the demand for Central Excise duty on shortages, allowing the appeal based on the established legal principles and precedents in similar cases. The decision was made in line with the findings of previous Tribunal judgments, providing consequential relief to the appellant and concluding the matter in their favor.