1987 (5) TMI 284 - AT - Central Excise

Tribunal Upholds Duty Payment on Unaccounted Goods, Clarifies Penalty Application

The Tribunal upheld duty payment on unaccounted Chapter X goods in the factory, emphasizing duty becomes payable upon goods' removal. The penalty under ... Remission of duty on goods Issues: Interpretation of duty payment on goods under Chapter X procedure; Application of penalty under Rule 173Q; Payment of duty on unaccounted goods in Chapter X premises.Interpretation of duty payment on goods under Chapter X procedure:The case involved a dispute regarding the duty payment on goods under Chapter X procedure. The appellant argued that duty becomes payable only when goods are removed from the factory premises, and there was no deliberate evasion of duty. The appellant contended that they could segregate Chapter X goods from non-Chapter X goods if given time. The Tribunal acknowledged the possibility of mix-ups in a large factory but emphasized that duty becomes payable once goods are removed for use. The appellant's argument that duty should only be paid on the quantity of Chapter X goods transferred and excluding certain categories of goods was also considered. However, the Tribunal noted the complexities of accounting for each component and upheld the duty payment on unaccounted Chapter X goods in the factory.Application of penalty under Rule 173Q:The appellant challenged the imposition of a penalty under Rule 173Q, arguing that it was not applicable as duty was demanded under Rule 196. The Tribunal agreed with the appellant, highlighting that Rule 173Q pertains to offences by a manufacturer, producer, or licensee of the warehouse, which did not apply to the appellant. As a result, the penalty under Rule 173Q was set aside, providing clarity on the correct application of penalties under different rules based on the nature of the breach.Payment of duty on unaccounted goods in Chapter X premises:The Tribunal declined to interfere with the duty payment already made on goods deemed unaccounted for in the Chapter X premises by the Collector. Despite the appellant's assertions that the goods were still available in the factory and could be accounted for, the Tribunal emphasized the Collector's authority to demand an account of goods that appeared unaccounted for in the Chapter X premises. The Tribunal advised the appellant to enhance housekeeping and bookkeeping practices to prevent similar confusions in the future, recognizing the challenges of distinguishing between goods from different sources.This judgment clarifies the obligations regarding duty payment on goods under Chapter X procedure, the appropriate application of penalties under specific rules, and the Collector's authority to demand accountability for goods within the factory premises. The decision underscores the importance of accurate record-keeping and compliance with excise rules to avoid disputes and penalties in the manufacturing sector.