2009 (6) TMI 917 - AT - Central Excise

Summary

Issues involved: Alleged clandestine removal of dutiable Kraft paper without payment of Central Excise Duty and procedural violations.

Summary:
The case involved an appeal against an Order-in-Appeal passed by the Commissioner of Central Excise (Appeals), Mangalore, regarding the alleged clandestine removal of dutiable Kraft paper by the appellants. The authorities conducted physical stock verification and investigation, leading to the issuance of Show Cause Notices for duty demand, interest, and penalties. The Adjudicating Authority confirmed duty, imposed penalties, and ordered recovery of interest. The Commissioner (Appeals) upheld the original order, prompting the appellants to file appeals challenging the decision.

The appellants argued that there was no concrete evidence of clandestine removal, citing discrepancies in stock accounts and lack of corroborative evidence. They also contested the valuation method used for determining duty liability and claimed entitlement to certain benefits based on previous tribunal decisions. Additionally, they raised concerns about the delay in issuing the Show Cause Notice.

On the other hand, the Revenue contended that there was clear evidence of clandestine removal, supported by discrepancies in production records and admissions by the appellants themselves.

After considering the submissions and evidence, the Tribunal found overwhelming proof of clandestine removal by the appellants. However, it noted discrepancies in the valuation and directed a re-evaluation of the duty amount and penalties. The Tribunal also dismissed the limitation argument, stating that the Show Cause Notice was issued within a reasonable timeframe considering the appellant's communications with the authorities.

Ultimately, the Tribunal remitted the matter back to the Adjudicating Authority for re-quantification of duty and penalties based on the findings, disposing of the appeals accordingly.