2008 (6) TMI 509 - AT - Central Excise

Summary

Issues:
The appeal against the dropping of proceedings initiated by a show cause notice for confiscation of goods and denial of draw back due to alleged overvaluation.

Comprehensive Details:
The respondents exported ready-made garments under draw back claim, which were initially allowed to export after examination. Subsequently, the goods were recalled and re-examined based on an opinion obtained from M/s Mansi suggesting overvaluation compared to declared values in shipping bills. The show cause notice for confiscation and denial of draw back was issued, but the adjudicating authority dropped the proceedings.

The revenue contended that ample evidence showed overvaluation of goods to obtain higher draw back, supported by a statement from the exporter admitting overvaluation. Market inquiry revealed overvaluation, leading to the appeal against the dropping of proceedings.

The respondent requested cross-examination of Shri Jitender Kumar Gupta of M/s Mansi and other Customs officials, but Gupta did not appear despite opportunities granted. The absence of Gupta for cross-examination was crucial as his opinion was relied upon for alleging overvaluation. Citing a Supreme Court case, the respondent argued that non-production of material witnesses for cross-examination breached natural justice and prejudiced their case.

The Tribunal found that reliance on Gupta's opinion required his cross-examination, which the revenue failed to ensure. Non-production of Gupta for cross-examination, despite the respondent's request, went against the revenue. Citing the Supreme Court precedent, the Tribunal emphasized that non-production of material witnesses for cross-examination prejudices the appellant's case, leading to the dismissal of the appeal.

In line with the Supreme Court decision and the absence of witnesses for cross-examination, the Tribunal found no issues with the impugned order and dismissed the appeal.