2009 (4) TMI 927 - AT - Central Excise

Summary

Issues:
1. Clandestine removal of processed fabrics without payment of duty.
2. Confirmation of demand of duty and imposition of penalties on the appellants.
3. Reduction of penalties imposed on individual appellants.

Analysis:
1. The case involves the clandestine removal of processed fabrics without payment of duty by M/s. Suryanarayan Silk Mills. During a visit by Central Excise Officers, discrepancies were found in the recorded balance of grey fabrics. Statements from the partners of the firm and the proprietor of the recipient unit confirmed the unauthorized clearance of processed fabrics. Delivery challans showing transportation of the fabrics further supported the findings of clandestine removal.

2. The Original Adjudicating Authority confirmed the demand of duty amounting to &8377; 6,77,024/- and imposed penalties on M/s. Suryanarayan Silk Mills, Shri Ramesh Gandhi, and Shri Devang R. Gandhi. The Appellate Authority upheld the duty demand and penalty on M/s. Suryanarayan Silk Mills but set aside the penalty on Shri Ramesh Gandhi. The penalty on Shri Devang R. Gandhi was reduced to &8377; 25,000. The Tribunal was approached to challenge this order.

3. The Tribunal, after hearing arguments from both parties, upheld the confirmation of duty demand and imposition of a 100% penalty on M/s. Suryanarayan Silk Mills due to established clandestine removal. The Tribunal reasoned that the penalty cannot be reduced below the duty amount as per legal precedent. Regarding the penalty on Shri Devang R. Gandhi, the Tribunal noted that the fabrics were cleared at the behest of his company, and the penalty had already been reduced to &8377; 25,000, which was deemed sufficient. Therefore, the appeals were rejected, and the penalties were upheld as per the Tribunal's decision.