2007 (9) TMI 517 - AT - Central Excise

Summary

Issues: Department's appeal against the order of the Commissioner (Appeals) regarding duty demand and penalty imposition based on clandestine removal of goods without payment of duty.

In this case, the Department appealed against the order of the Commissioner (Appeals) concerning duty demand and penalty imposition due to the clandestine removal of goods without payment of duty. The respondent, a manufacturer of Polyester Texturised/Crimped Yarn, used anti-static oil in the manufacturing process. During an inspection, officers discovered an alleged shortage of final product attributed to the use of anti-static oil. The original authority confirmed the duty demand and imposed a penalty equal to the duty, which was set aside by the Commissioner (Appeals).

Upon review, the Tribunal considered the submissions and relied on a decision by the Larger Bench in a similar case. The Commissioner (Appeals) set aside the original authority's order based on lack of corroborative evidence and the non-speaking nature of the order. The Tribunal noted that there were no private records indicating actual production or clearance beyond statutory records, supporting the Commissioner's findings. The Tribunal distinguished this case from the one cited by the Department, where private records were relied upon.

Ultimately, the Tribunal rejected the Department's appeal, emphasizing the lack of evidence supporting the estimated gain in production due to the use of anti-static oil. The decision highlighted the importance of corroborative evidence and the need for a thorough analysis in such matters.