2006 (11) TMI 446 - AT - Central Excise

Summary

Issues involved: Appeal against order confirming demand of duty and imposing penalties on appellants for alleged evasion of Central Excise duty on mosquito bed nets supplied to Government departments.

Summary:

Issue 1: Capacity of appellant to manufacture huge quantity of mosquito nets
The appellant, a manufacturer of garments and mosquito bed nets, was accused of evading duty on supplies to Government departments. The appellant argued that their workshop's capacity was insufficient to produce the quantity in question and claimed to have procured the nets from traders. The authorities, however, held the appellant liable for duty evasion. The Tribunal noted discrepancies in the appellant's production capacity and machinery, emphasizing the need for concrete evidence to establish manufacturing capability. The Tribunal set aside the order, directing a fresh assessment based on all evidence presented.

Issue 2: Allegation of posing as manufacturer before HSCC
The appellant was alleged to have misrepresented as a manufacturer before the Hospital Services Consultancy Corporation (HSCC) to secure a contract for supplying mosquito nets. The appellant contended that they had purchased the nets from a specific supplier. The Tribunal observed the lack of conclusive evidence regarding the appellant's manufacturing claims and the absence of documentation supporting the procurement from the alleged supplier. The case was remanded for a thorough reevaluation by the adjudicating authority to ensure a fair assessment based on substantiated facts.

This judgment highlights the importance of substantiated evidence in determining liability for duty evasion and emphasizes the need for a thorough assessment based on factual documentation and manufacturing capacity.