2008 (4) TMI 615 - AT - Central Excise

Summary

Issues:
1. Duty demand and penalty imposition based on irregularities found during stock verification.
2. Retraction of statement by Vice President and submission under duress.
3. Allegations of coercion and threat during the statement recording process.
4. Failure of authorities to consider retraction and coercion allegations.

Analysis:
The case involved the Appellants, engaged in manufacturing Shoe Soles, facing duty demand and penalty imposition following irregularities discovered during a stock verification visit by Central Excise Officers. The Vice President of the company initially admitted to the irregularity and deposited the duty but later retracted his statement, claiming it was made under duress. The Appellant's Advocate argued that the allegation of clandestine removal was based on cancelled invoices, previously reported to the authorities, and that no stocktaking was conducted. Both the Adjudicating Authority and the Commissioner (Appeals) upheld the duty demand and penalty, citing the Vice President's initial admission and payment of duty on the spot.

Upon review, the Tribunal found merit in the Appellant's submission regarding the Vice President's retraction of the statement. The Vice President, in a letter dated the day after the incident, detailed being confined and coerced by the Preventive Officers to provide a false statement. The Tribunal noted the failure of the lower authorities to address this retraction and coercion issue adequately. It emphasized the need for a thorough examination by the Adjudicating Authority to determine the validity of the Vice President's claims and to consider all submissions before reaching a decision. Consequently, the Tribunal set aside the previous order, remanding the matter back to the Adjudicating Authority for a fresh decision in accordance with the law, allowing the appeal by way of remand.

In conclusion, the Tribunal's judgment highlighted the importance of addressing allegations of coercion and ensuring a fair assessment of all submissions before making decisions in cases involving admissions made under duress. The case serves as a reminder of the need for thorough consideration of all aspects, especially when significant claims of coercion or threat are raised during legal proceedings.