1991 (10) TMI 134 - AT - Central Excise

Appellate Tribunal remits case for re-adjudication on rubber latex foam duty, emphasizes fair assessment -adjudication

CHERIAN P. VERGHESE Versus COLLECTOR OF CENTRAL EXCISE

The Appellate Tribunal CEGAT, MADRAS, remitted the case for re-adjudication concerning duty levied on rubber latex foam products. The Tribunal ... Confiscation of unaccounted goods Issues:- Duty levied on rubber latex foam mattresses, pillows, and cushions without payment.- Allegations of not following Central Excise formalities and maintaining proper records.- Excess quantities of various goods under different tariff headings.- Appellant's contention of duty set-off between mattresses and other goods.- Department's argument on excisable goods and proper accounting.Analysis:The judgment by the Appellate Tribunal CEGAT, MADRAS, involved an appeal against the Additional Collector of Central Excise, Cochin's order imposing duty and penalties on the appellant for various infractions. The appellant was accused of manufacturing and clearing rubber latex foam products without paying duty, not issuing gate passes, and not following Central Excise formalities. The Department alleged discrepancies in production and excess quantities of different goods. The appellant argued that the duty rates for mattresses and other goods were the same, suggesting a duty set-off between shortages in mattresses and excess in other goods. The Department contended that the excess quantities of latex foam sponge and trimmings were excisable goods not properly accounted for by the appellant.The Tribunal acknowledged that both mattresses and other goods were subject to the same duty under the Central Excise Tariff, making it unlikely for the appellant to suppress mattress production when there was an excess of other goods. However, the Tribunal noted a significant difference even after considering the set-off, indicating a duty liability for the appellant. The judgment highlighted the lack of discussion or findings regarding the excess quantities of other goods in the impugned order, emphasizing the need for a comprehensive assessment. While the appellant raised concerns about the duty calculation period, the Tribunal deemed it inappropriate to address this issue at a later stage.Regarding the excess latex foam sponge and trimmings, the Tribunal found the quantities considerable and rejected the appellant's claim of accumulated stock without sufficient evidence. The adjudicating authority had confiscated unaccounted rubber latex foam but allowed redemption upon payment of a fine. The Tribunal upheld this decision, considering the fine reasonable under the circumstances. However, due to the lack of proper set-off calculations and duty liability assessment, the Tribunal set aside the impugned order and remitted the matter for re-adjudication. The judgment aimed to ensure a fair determination of duty and penalties based on the duty set-off principle between mattresses and other goods, directing the original authority to re-examine the issue in accordance with the law.In conclusion, the appeal was disposed of with a remittance for re-adjudication to determine the duty liability and penalties concerning the production and clearance of rubber latex foam products in compliance with the Central Excise Tariff Act.