2007 (4) TMI 588 - AT - Central Excise

Summary

Issues Involved:
1. Demand of duty based on manipulation of gate passes (Annexure A).
2. Demand of duty based on octroi payment vouchers (Annexure B).
3. Demand of duty based on additional gate passes (Annexure C).

Summary:

1. Demand of duty based on manipulation of gate passes (Annexure A):
The Commissioner confirmed the demand of Rs. 7,46,747/- based on the statement of Shri Sunil Dave, Excise Clerk, who admitted manipulating gate passes by placing decimal points to reduce the quantity and duty. The Tribunal found that the entire case was based on this uncorroborated statement, which lacked independent evidence. The Tribunal noted that similar proceedings against M/s. Mardia Tubes Ltd. were not upheld due to insufficient proof. Therefore, the demand based on Annexure A was deemed unsustainable.

2. Demand of duty based on octroi payment vouchers (Annexure B):
The Commissioner confirmed the demand of Rs. 1,75,948/- based on octroi payment vouchers, which allegedly showed higher quantities than declared in gate passes. The Tribunal found that no statement from the octroi agent was recorded, and there was no verification at the octroi check post. The Tribunal emphasized that charges of clandestine activities must be based on sufficient, tangible, and affirmative evidence, which was lacking in this case. Thus, the demand based on Annexure B was not justified.

3. Demand of duty based on additional gate passes (Annexure C):
The Commissioner confirmed the demand based on 21 additional gate passes, alleging similar manipulations. The Tribunal found that the findings were without any cogent reason or evidence. The Commissioner's observations were deemed baseless and not supported by any substantial proof. Consequently, the demand based on Annexure C was also found to be unjustified.

Conclusion:
The Tribunal set aside the impugned order and allowed the appeal filed by the appellants, finding no justification in the confirmation of demands based on the evidence presented.