TaxTMI 
TaxTMI 
TaxTMI 
1995 (2) TMI 257
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....yment of a fine of Rs. 1 lakh, levying duty of Rs. 4311.56 on steel ingots cleared without payment of duty and imposing a penalty of Rs. 50,000/- on the appellants. In addition the truck used for transporting the goods without payment of duty was also confiscated with option to redeem on payment of a fine of Rs. 1 lakh. 2. The brief facts of the case are that on 16/17-6-1988 Preventive Officers of Central Excise Division I, New Delhi intercepted the appellant's truck bearing registration No. DIL 740 containing 125 pieces of steel ingots valued at Rs. 66,000/- and involving Central Excise duty of Rs. 4311.56, which was seized together with the truck under the reasonable belief of their liability to confiscation, since the goods were ....
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....posited the duty in their PLA. Regarding shortage and excess, the appellants submitted the account of two types of ingots manufactured by the appellants had to be examined before arriving at shortage or excess in stock which was not done by the Department and if both accounts were looked into, the shortage and excess stocks are tallied, there was neither excess nor shortage. 4. The adjudicating authority accepted the claim of the appellants that both types of ingots manufactured by them to be taken into account while arriving at excess or shortage, and that a certain quantity of ingots were pledged with the bank on 14-6-1988. However, after adjustment between excess and shortage, he found that there was still a net excess of 31.600 ....
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....ister and this would still leave an excess of 31.600 MTs which the appellants have not been able to satisfactorily explain till date. 7. We have carefully considered the submissions of both the sides. The Mathematical brief submitted by the appellants is as follows - Or Alternatively of the total stock weight of 149.670 MT (100.460 (I) + 49.210(II), the break up would be 126.360 (bank stock) + 5.760 (alloy steel stock found lying by the department on 17-6-1988) + 11.250 (seized) + 2.960 (non-alloy stock in factory) = 146.330 MT, shortage being merely 3.34 MT i.e. merely 2.2% and that also being due to approximations in weight as stated above". We agree with the learned DR that the production of 16-6-1988 has to be included ....
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.... 9. Subject to the above notification, we uphold the impugned order and reject the appeal. ============= Document 1 MATHEMATICAL BRIEF I. Alloy Steel Ingots Date o.b. (in Metric tons) Production Total 12.725 Stock as from tabulated ) 16.6.1988 127.250 139.975 Clearance 26.790 c.b. 113.185 appeal memo chart on page 40 of the ) Since 12.725 MT manufactured on 16.6.1988 lying in factory was not taken ) into account by the department, then Stock position as per department vide tabu- lated chart on page 41 Would be stock position after adjustment would be 16.6.1988 12 250 127.250 26.790 stock found shortage 100.460 5.760 94.700 This short quantity of....