Excise record-keeping breach sustains penalty, but confiscation fails without proof of clandestine removal.

Non-entry of finished goods in the RG-1 register amounted to breach of the prescribed excise record-keeping obligation, and the penalty for non-maintenance of the statutory register was sustained because the goods had been manufactured and were still required to be recorded. Confiscation and fine, however, could not rest on that omission alone where the goods remained in the finishing room, were not shown to have been clandestinely removed, and no attempt at removal was proved. The confiscation and related fine were therefore set aside, while the penalty for defective register maintenance was upheld.

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Issues: (i) Whether non-entry of finished goods in the RG-1 register attracted penalty for breach of the statutory record-keeping requirements under the Central Excise Rules, 1944; (ii) Whether goods lying in the finishing room in unpacked condition were liable to confiscation and fine on the facts proved.

Issue (i): Whether non-entry of finished goods in the RG-1 register attracted penalty for breach of the statutory record-keeping requirements under the Central Excise Rules, 1944.

Analysis: The evidence showed that goods manufactured on the relevant date had come into existence and were required to be reflected in the RG-1 register, including the balance lying in the finishing room. The explanation that no balance was available because the goods were being removed the same day was rejected, since the goods were still found in the factory on the next day. The omission to make the required entries therefore amounted to failure to maintain the register as prescribed.

Conclusion: The penalty for non-maintenance of the RG-1 register was sustained and this issue was decided against the assessee.

Issue (ii): Whether goods lying in the finishing room in unpacked condition were liable to confiscation and fine on the facts proved.

Analysis: Confiscation required more than a bare omission in the register where the goods had not yet been taken out of the factory and there was no proved attempt at clandestine removal. The goods were still lying in the finishing room, and the circumstances were distinguishable from cases where goods were already loaded or otherwise ready for removal. On that footing, confiscation and fine could not be justified merely on the basis of non-entry in the register.

Conclusion: The confiscation and fine were set aside and this issue was decided in favour of the assessee.

Final Conclusion: The order sustained the penalty for failure to maintain the statutory register, but the confiscation of the goods and the related fine were quashed.

Ratio Decidendi: Non-entry in statutory excise records can sustain penalty for breach of record-keeping obligations, but confiscation of goods requires circumstances showing more than a mere accounting lapse, particularly where there is no proved attempt at clandestine removal and the goods remain within the factory.

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