2002 (1) TMI 742 - AT - Central Excise

Summary

Issues:
Stay applications for waiver of pre-deposit of duty and penalties, lack of tangible evidence on manufacture and clearance of goods, violation of natural justice, admission of evasion of central excise duty by appellants.

Analysis:
The appellants, M/s. Haryana Cable Industry and M/s. Deepak Cable Company, sought waiver of pre-deposit of duty and penalties, arguing the absence of concrete evidence regarding the manufacture and clearance of insulated wires and cables. They claimed to only produce domestic wires and cables, with no machinery for the alleged products. The appellants contended that the Commissioner's order lacked legal merit and requested a total waiver of pre-deposit amounts based on the purported lack of opportunity to present a defense.

Upon review, it was revealed that Tara Chand Gupta and Bhushan Kumar Gupta, associated with the appellants, admitted to the clearance of goods without issuing invoices and evading central excise duty. Tara Chand Gupta confessed to not paying duty, selling goods against cash without issuing bills, and not filing income tax returns. Bhushan Kumar Gupta also acknowledged clearing goods without duty payment and depositing substantial amounts in the bank from these sales. The argument that invoices were bogus was refuted based on the admissions made by the appellants themselves, contradicting the claims of issuing invoices for other manufacturers at a commission.

The tribunal found that the appellants' admission of evasion of central excise duty weakened their case, despite the defense's arguments. The adjudicating authority's detailed reasoning in the impugned order supported the conclusion that the appellants lacked a strong prima facie case. The tribunal also noted that the appellants were provided ample opportunity to defend themselves, indicating no violation of natural justice in the proceedings.

Considering the facts, circumstances, and financial position of the appellants, who deposited significant amounts in their bank accounts post-duty evasion, the tribunal directed M/s. Haryana Cable Industry to make a pre-deposit of Rs. 70,00,000 and M/s. Deepak Cable Company of Rs. 40,00,000 by a specified date. Failure to comply would lead to the dismissal of their appeals under Section 35F of the Act. The tribunal set a deadline for compliance reporting to monitor adherence to the order.