2004 (1) TMI 678 - HC - Central Excise

Summary

Issues involved:
The admissibility of a statement recorded u/s 14 of the Central Excise Act despite retraction and the sufficiency of evidence to prove allegations of clandestine activities.

Admissibility of statement u/s 14 of the Central Excise Act:
The Revenue sought a Reference arguing that a statement recorded u/s 14 of the Central Excise Act should be considered in evidence even after retraction. The Tribunal, after detailed examination, found that the evidence relied upon by the Commissioner was either inadmissible or lacked corroboration from other reliable documentary evidence. It specifically noted the absence of a specific finding by the Commissioner regarding pouches purchased from Mega Plast Industries. The Tribunal concluded that the statements were not reliable and lacked corroboration in material particulars. It held that the initial burden on the Department to prove the allegations of clandestine activities was not discharged based on the evidence presented.

Sufficiency of evidence to prove clandestine activities:
The Tribunal extensively reviewed the evidence related to the manufacturing of pouches and the involvement of dealers in the questioned article. It found that the evidence of Hare Ram and others did not support the allegations of clandestine activities. The Tribunal, after considering the totality of circumstances, determined that the evidence did not establish the allegations beyond a reasonable doubt. It opined that the Department failed to discharge its burden of proof based on the evidence presented and referenced in the judgment. Consequently, the Tribunal dismissed the case, stating that no question of law was involved in the decision.