2009 (3) TMI 691 - AT - Central Excise

Summary

Issues:
1. Challenge to the order passed by the ld. Commissioner (Appeals) on two counts - shortage of kraft paper and clandestine removal of goods.
2. Validity of evidence gathered during investigation.
3. Dispute regarding the statement recorded from Shri Bharat Patel.
4. Possession of questionable documents and its impact on the case.
5. Admissibility of evidence under Section 14 of the Central Excise Act, 1944.

Analysis:

Issue 1:
The appellant challenges the order passed by the ld. Commissioner (Appeals) on the grounds of shortage of 2.373 MT of kraft paper and alleged clandestine removal of 4343.452 MT of goods. The appellant argues that the adjudication was based on surmise and suspicion without proper examination or cross-examination of relevant individuals. The appellant relies on a judgment of the Hon'ble Punjab and Haryana High Court to support their case.

Issue 2:
The ld. DR contends that there is a concurrent finding by both authorities regarding the shortage of goods and clandestine removal. The evidence of Shri Bharat Patel, a partner in the appellant's unit, was thoroughly examined, and the statement recorded from him was considered valid. The ld. DR argues that the evidence gathered under Section 14 of the Central Excise Act, 1944 does not require additional corroboration due to the clear findings made by the ld. Commissioner (Appeals).

Issue 3:
The dispute arises regarding the statement recorded from Shri Bharat Patel on 28-1-04. The appellant questions the validity of this statement, while the ld. DR maintains that the statement supports the case of the Revenue. The ld. DR quotes a specific sentence from the order-in-appeal to emphasize the importance of Shri Bharat Patel's statement in establishing the case against the appellant.

Issue 4:
The possession of questionable documents during the search on 11-11-03 forms a crucial part of the case. The Revenue relied on these documents to level charges against the appellant. The statement of Shri Bharat Patel, who was associated with the appellant's unit, was considered significant in linking the appellant to the questionable documents. The failure of the appellant to provide cogent evidence to reconcile the discrepancies in goods weakens their defense.

Issue 5:
The admissibility of evidence under Section 14 of the Central Excise Act, 1944 is a key aspect of the judgment. The statement of Shri Bharat Patel recorded under this section was deemed essential in supporting the order passed by the authorities below. The possession of questionable evidence and the statement of Shri Bharat Patel were crucial factors in upholding the decision of the ld. Commissioner (Appeals).

In conclusion, the appeal of the appellant is dismissed based on the evidence presented, the statement of Shri Bharat Patel, and the findings of the authorities below, which established the appellant's involvement in the alleged discrepancies.