2002 (9) TMI 751 - AT - Central Excise

Summary

Issues:
1. Confirmation of central excise duty demand and penalty imposition.
2. Allegations of clandestine removal of coated fabrics without duty payment.
3. Lack of direct evidence and examination of contentions by the Commissioner.
4. Comparison with a similar case involving clandestine manufacture and removal.

Analysis:
1. The judgment involves the confirmation of a central excise duty demand and penalty imposition by the Commissioner against the appellants engaged in the manufacture of coated cotton and man-made fabrics. The demand amounted to Rs. 9,29,557/-, with an additional penalty of Rs. 1 lakh.

2. The case revolved around allegations of clandestine removal of cotton fabrics coated with PVC compound without payment of duty. The appellants procured grey fabrics from the market, subjected them to coating, but failed to enter the quantities in the required register. The investigation revealed discrepancies in fabric procurement and processing, leading to the demand and penalty.

3. The appellants challenged the Commissioner's order citing lack of direct evidence and failure to consider their contentions, especially regarding the closure of the coating unit during the material period. The Tribunal had previously remanded the matter for further examination of unaddressed contentions.

4. The appellants' counsel referenced a similar case precedent where the Tribunal emphasized the necessity of tangible evidence to prove clandestine manufacture and removal. The lack of direct evidence in the present case was highlighted, with the Commissioner acknowledging the absence of conclusive proof of clandestine removal.

5. Ultimately, the Tribunal found that the department failed to establish the case against the appellants. The lack of evidence regarding procurement of raw materials for coating, clandestine removal of coated fabrics, and the closure of the coating section supported the appellants' position. The judgment allowed the appeal, indicating that consequential relief would be granted to the appellants as per the law.

This detailed analysis of the judgment highlights the key issues, arguments presented by both parties, relevant legal precedents, and the final decision of the Tribunal in favor of the appellants.