2005 (6) TMI 183 - AT - Central Excise

Tribunal overturns duty & confiscation orders, grants relief to firm and partner.

The tribunal set aside an Order-in-Appeal confirming duty, penalty, and confiscation of goods against a firm, as well as a personal penalty on the ... Confiscation and penalty - Clandestine manufacture and removal - Proof of Issues:Appeal against duty, penalty, and confiscation of goods; imposition of personal penalty on partner.Analysis:The judgment pertains to two appeals challenging an Order-in-Appeal that confirmed duty, penalty, and confiscation of goods against the firm, as well as imposed a personal penalty on the partner. The duty of rupees 1,67,919/- was confirmed for short inputs (copper wire/bar/ingots) discovered during a physical stock verification. However, the partner explained the shortage by stating that the material had been used for manufacturing final products, which were found in excess on the factory floor. The tribunal found a direct correlation between the short inputs and excess finished goods, indicating no clandestine removal of inputs. Consequently, the confirmation of duty on the short inputs was set aside due to lack of tangible evidence.Regarding the confiscation of excess finished goods, the tribunal found that the appellants were unable to enter the production in their records within the required 48 hours due to the timing of the stock verification visit. No other discrepancies in statutory records were detected apart from the seized goods. The tribunal concluded that the failure to enter the finished goods in the record was not a deliberate attempt to evade duty. As a result, the confiscation of goods and imposition of redemption fine were deemed unwarranted, and the impugned order in this regard was set aside.In light of the above analysis, the tribunal set aside the impugned order and allowed the appeals of the appellants with consequential relief as per the law.