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2009 (12) TMI 757 - AT - Central Excise
Issues: Application for waiver of pre-deposit and stay of recovery in relation to duty and penalty, reliance on evidence by lower authorities, denial of allegations by appellant, lack of independent evidence of clandestine manufacturing and clearance of excisable goods.
Analysis: 1. The primary issue in this case revolves around the application filed by the assessee seeking waiver of pre-deposit and stay of recovery concerning duty and penalty imposed. The original authority demanded duty and penalty based on evidence gathered by the Income Tax Department, specifically entries in the appellant's cash book. The Commissioner (Appeals) upheld this demand. However, the Central Excise authorities recorded a statement from a partner of the firm, denying any other source of income except manufacturing during the relevant period. The appellant contested the demand on various grounds, denying all allegations against them. 2. The lower authorities assumed that the assessee admitted duty liability, but lacked independent evidence to support the finding of clandestine manufacturing and clearance of excisable goods without payment of duty. The absence of evidence of manufacture and clearance raises doubts about the validity of the demand. The appellants successfully argued for a waiver of pre-deposit and stay of recovery due to the lack of concrete evidence supporting the duty liability. The Tribunal acknowledged the absence of evidence of clandestine activities and granted the waiver and stay of recovery in respect of duty and penalties, highlighting the importance of substantial evidence in duty-related cases. This judgment underscores the significance of concrete evidence in establishing duty liability and the necessity for authorities to rely on substantial proof rather than assumptions. The decision to grant the waiver and stay of recovery emphasizes the principle of justice and fairness in tax matters, ensuring that taxpayers are not unduly burdened without proper evidence of non-compliance.
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