2009 (6) TMI 867 - AT - Central Excise

Stay/Dispensation of pre-deposit - Clandestine manufacture and removal - Demand of over Rs. 19 crores

Summary

Issues:
1. Consideration of adjournment request by a non-party.
2. Demand of Rs. 19,37,10,163/- on M/s. Pan Masala Pvt. Ltd. and related penalties.
3. Allegations of clandestine removal of excisable goods.
4. Discrepancies in stock and documents.
5. Financial hardship plea by the appellant.
6. Prima facie findings and conclusions by the Tribunal.

Analysis:

1. The Tribunal addressed the issue of an adjournment request by a non-party, determining that the request was not relevant as the individual was not a noticee in the show cause notice or the original order, and no appeal had been filed by him. Therefore, the Tribunal did not find it necessary to consider his request.

2. The Tribunal discussed the demand of over Rs. 19 crores on M/s. Pan Masala Pvt. Ltd. and related penalties, including penalties on associated individuals and companies. The applications sought waiver of pre-deposit of these amounts, which were based on findings of clandestine activities involving unaccounted excisable goods and questionable methods.

3. Detailed findings were presented regarding the allegations of clandestine removal of excisable goods by M/s. Pan Parag India Ltd., including discrepancies in the quantity of raw materials supplied, unaccounted production, and clearances. The Commissioner's order, over 1500 pages long, confirmed the demand based on various grounds of evidence.

4. The Tribunal analyzed discrepancies in stock and documents, considering submissions from both sides. It was noted that there were discrepancies in the stock of raw materials, finished goods, and documents like loading slips, delivery challans, and out-slips. The authenticity and reliability of the documents were questioned, leading to further investigation.

5. The appellant pleaded financial hardship, citing their annual duty payments and profits. They offered to deposit a certain amount to enable the appeals to proceed. The Tribunal viewed this plea with reservation, highlighting that financial status based on books of accounts might not accurately reflect the company's actual situation in a case involving alleged clandestine activities.

6. Based on the submissions and evidence, the Tribunal made prima facie findings and conclusions, including discrepancies in stock, authenticity of documents, sustainability of demands based on invoices, and the plea of financial hardship. Specific directions were given for pre-deposit amounts and waivers for certain penalties, considering the circumstances of the case and the evidence presented.

This detailed analysis of the judgment provides a comprehensive understanding of the issues involved and the Tribunal's considerations in reaching its decision.