2010 (2) TMI 1011 - HC - Central Excise

Summary

Issues:
Appeal against the order of Customs, Excise & Service Tax Appellate Tribunal dismissing the appeal filed by Revenue, Confiscation of goods, Duty payment verification, Authentication of invoices, Factual findings acceptance by Commissioner and Tribunal, Absence of legal questions.

Analysis:
The judgment pertains to an appeal against the order of the Customs, Excise & Service Tax Appellate Tribunal where the Revenue challenged the dismissal of their appeal against the Commissioner (Appeals) order regarding the confiscation of goods. The goods in question were carried by the respondents, engaged in cotton and cotton yarn manufacturing, and were found to be duty paid during inspection by Central Excise officers. The Commissioner (Appeals) affirmed that the goods were duty paid and that the invoices were not fake.

The counsel for Revenue contended that the invoices recovered from the truck driver were unauthenticated and fake. However, the impugned order highlighted that the nature of goods was not disputed by the Department, and there was no evidence to prove the invoices were fake. The respondent's explanation that goods of different categories got mixed was accepted by the Commissioner. The judgment emphasized the factual findings by both the Commissioner and the Tribunal, concluding that there was no merit in the appeal and no legal questions arose as the matter was purely factual.

In the absence of any legal issues and considering the factual nature of the case, the High Court dismissed the appeal. The judgment underscores the importance of factual findings and the acceptance of explanations provided by the parties involved in determining the outcome of such cases. The decision reaffirms the significance of evidence and factual accuracy in legal proceedings, especially in matters related to duty payment verification and confiscation of goods.