2001 (7) TMI 555 - AT - Central Excise

Unfounded Penalties and Confiscations Reversed in Coil Stock Discrepancy Case

The duty demand and personal penalties imposed on the appellants were set aside due to unsustainable findings regarding discrepancies in recorded stock of ... Modvat - Accountal of duty paid inputs Issues:1. Confirmation of duty demand and imposition of personal penalty.2. Confiscation of HR coils and sprocket wheels.3. Imposition of personal penalty on the Power-of-Attorney holder.4. Discrepancy in the recorded stock of coils.5. Sampling of coils and variation in thickness measurements.6. Confiscation of sprocket wheels and non-entry in records.Confirmation of Duty Demand and Imposition of Personal Penalty:The authorities confirmed a duty demand of Rs. 2,13,392.98 with a personal penalty under Rule 57-I(4). Additionally, HR coils and sprocket wheels were confiscated with an option for redemption on payment. A personal penalty under Rule 209A was imposed on the Power-of-Attorney holder. The appellant challenged the order, arguing that the stock of coils matched their records and not all coils were measured during the visit. The thickness discrepancy was based on assumptions. The deposition of the Power-of-Attorney holder indicated that not all coils were measured, and the thickness varied in subsequent samples. As the total weight matched the records, the findings were deemed unsustainable, leading to setting aside the duty demand and penalties.Confiscation of HR Coils and Sprocket Wheels:The officers seized HR coils and sprocket wheels allegedly in excess of recorded balances. Subsequent sampling revealed variations in coil thickness, with some coils below 3.5 mm. The appellant argued that not all coils were measured during the visit, and the thickness assumption was unfounded. As the total weight matched records, the confiscation was deemed unjustified. The appellants' explanation, supported by deposition and sampling results, led to the reversal of the confiscation.Imposition of Personal Penalty on the Power-of-Attorney Holder:A personal penalty was imposed on the Power-of-Attorney holder for the appellants. However, the deposition indicated that not all coils were measured, and the thickness discrepancies were not conclusive. As the findings were based on assumptions and lacked comprehensive inventory data, the penalty imposition was deemed unsustainable, resulting in the penalty being set aside.Discrepancy in Recorded Stock of Coils:The dispute arose from discrepancies in the recorded stock of coils, specifically HR and CR coils. The officers alleged excess HR coils and shortage of CR coils based on thickness measurements. The appellant argued that not all coils were measured during the visit, and subsequent samples showed variations in thickness. As the total weight matched the records and no comprehensive inventory data supported the allegations, the findings were deemed unsustainable, leading to the reversal of the duty demand.Sampling of Coils and Variation in Thickness Measurements:Sampling of seized coils revealed variations in thickness, with some coils below 3.5 mm. The appellant contended that not all coils were measured during the visit, and the assumption of uniform thickness was incorrect. The deposition and subsequent sampling results supported the appellant's argument, leading to the reversal of the duty demand and penalties based on unreliable thickness measurements.Confiscation of Sprocket Wheels and Non-Entry in Records:The officers seized sprocket wheels allegedly in excess of recorded balances. The appellant explained that the raw material was sent to job workers, and the excess goods were received on the same day for entry in records. The appellant's compliance with Rule 57F(4) and the explanation for non-entry supported the reversal of the confiscation. The confiscation was deemed unjustified due to the sufficient explanation provided by the appellant, resulting in the confiscation being set aside.