2003 (8) TMI 325 - AT - Central Excise

Summary

Issues:
- Challenge against orders-in-original passed by the Commissioner on undervaluation by the Revenue.
- Reliability of sale price shown in invoices and justification of assessable value.
- Use of bank statements as evidence for proving undervaluation.

Analysis:

Issue 1: Challenge against orders-in-original
The appeals before the Appellate Tribunal challenged the orders-in-original passed by the Commissioner regarding allegations of undervaluation by the Revenue. The Revenue contended that the assessees were involved in evasion of central excise duty through undervaluation and clandestine clearances of PTY Twisted Yarn. The Revenue claimed that the assessees were clearing goods at lower values, using fictitious buyer names, and selling them at higher prices through brokers. However, the Commissioner found insufficient evidence to support these claims, leading to the appeal before the Tribunal.

Issue 2: Reliability of sale price shown in invoices
The Revenue argued that the sale price shown in the invoices was unreliable as the actual sales were to different buyers through brokers, not the ones listed in the invoices. They also suggested using bank statements as a basis for computing the assessable value. On the other hand, the assessees contended that the industry practice involved listing fictitious buyer names on invoices, but the actual value remained consistent. The Commissioner held that there was no substantial evidence to reject the invoice values or justify resorting to Valuation Rules under Section 4(1)(b). The Commissioner also noted the lack of efforts by the Revenue to verify prices with actual buyers, supporting the assessees' position.

Issue 3: Use of bank statements as evidence
The Revenue sought to rely on bank statements provided by the assessees to establish undervaluation. However, the Commissioner rejected this argument, citing precedents where information from external sources like banks was deemed insufficient to prove undervaluation without additional evidence. The Tribunal upheld the Commissioner's decision, emphasizing the need for concrete evidence beyond bank statements to establish undervaluation.

In conclusion, the Appellate Tribunal affirmed the Commissioner's findings and dismissed the appeals filed by the Revenue. The judgment highlighted the importance of substantial evidence in proving undervaluation allegations and reiterated that bank statements alone may not suffice as conclusive proof.