2004 (9) TMI 496 - AT - Central Excise

Summary

Issues:
Validity of impugned order reversing duty demand and penalty against respondents based on confessional statements and recovered invoices.

Analysis:
The appeal before the Appellate Tribunal CESTAT, New Delhi involved a challenge by the Revenue regarding the validity of an order reversing duty demand and penalty imposed on the respondents. The Commissioner (Appeals) had overturned the Order-in-original confirming duty demand of Rs. 2,49,469/- with penalties against the respondents and a separate penalty on their partner. The Revenue argued that confessional statements of the partner and an authorized signatory were ignored, along with recovered parallel invoices, warranting the reversal of the impugned order.

The learned JDR contended that the confessional statements and recovered invoices were crucial evidence disregarded by the Commissioner (Appeals). However, the respondent's counsel argued that the alleged statements lacked corroboration and other evidence supporting clandestine removal of goods. After hearing both sides and examining the record, the Tribunal found that no shortage or excess of raw material or finished goods was discovered during the Central Excise officers' visit to the factory premises. The partner's statement did not explicitly admit to clandestine activities, and the testimony of the authorized signatory did not substantiate the department's case, as consignees named in the parallel invoices did not confirm receiving goods from the respondents.

The Tribunal emphasized that the charge of clandestine removal must be proven with concrete evidence, not assumptions. Since the Revenue failed to establish this charge with tangible evidence, the impugned order was upheld. It was concluded that the Commissioner (Appeals) rightly determined that the charge of clandestine removal without duty payment was not proven against the respondents. Consequently, the appeal of the Revenue was dismissed, affirming the validity of the impugned order.