2009 (8) TMI 1015 - AT - Central Excise

Clandestine removal - demand on the ground that the appellants could not produce evidence of purchase of goods sold by it from an external source - Held that - Revenue has not established clandestine clearances by the appellants with any reliable evidence. In the instant case, no evidence has been gathered by the authorities for clandestine manufacture and clearance of excisable goods by the appellants. In the absence of positive and tangible evidence, finding of clandestine clearances and evasion of duty by the assessee cannot be sustained - appeal allowed - decided in favor of appellant.

Summary

Issues:
1. Demand of duty on clandestine clearances made by the appellants.
2. Imposition of penalties under Section 11AC of the Act and Rule 25 of the Central Excise Rules, 2002.
3. Allegation of invoking a larger period without suppression, fraud, collusion, etc.
4. Lack of evidence to substantiate clandestine clearance of goods manufactured by the appellants.
5. Basis of finding clandestine clearance solely on the record of sale by the trading firm.
6. Absence of reliable evidence establishing clandestine clearances by the appellants.
7. Dismissal of the impugned order and allowance of the appeal.

Analysis:
1. The judgment concerns the demand of duty on clandestine clearances by the appellants during a specific period. The Commissioner (Appeals) affirmed the duty demand along with penalties under Section 11AC of the Act and Rule 25 of the Central Excise Rules, 2002. The duty evasion was discovered during an investigation following a visit to a trading firm associated with the appellants. The appellants contested the order, arguing that the demand was made for a larger period without any allegations of suppression, fraud, or collusion. The finding of clandestine clearance was primarily based on the record of sales made by the trading firm, indicating discrepancies in the declared quantity of goods.

2. Upon hearing both sides, the Tribunal carefully reviewed the case records and submissions. It was observed that the alleged clandestine clearances were solely based on the trading firm's sales records, and the appellants failed to provide evidence of purchasing goods from an external source. The Tribunal noted that the Revenue authorities did not present reliable evidence to establish the clandestine clearances by the appellants conclusively. The judgment emphasized that in the absence of concrete evidence, the findings of clandestine clearances and duty evasion could not be upheld. Consequently, the impugned order was dismissed, and the appeal by the appellants was allowed.

3. The Tribunal's decision highlights the importance of substantial and tangible evidence in cases involving allegations of clandestine activities. The judgment underscores the necessity for authorities to establish such claims with reliable proof to ensure fair and just outcomes. In this instance, the lack of concrete evidence supporting the allegations led to the dismissal of the duty demand and penalties imposed on the appellants. The ruling serves as a reminder of the burden of proof incumbent upon authorities when alleging misconduct or evasion, emphasizing the principles of evidence-based decision-making in legal proceedings.