2007 (1) TMI 588 - AT - Central Excise

Summary

Issues involved: Appeal against quashing of duty demand and modvat demand by Commissioner of Central Excise, Indore.

Summary:
The appeal was filed by the Revenue against the quashing of duty demand of Rs. 12.5 lakhs and modvat demand of about Rs. 4 lakhs under the impugned order in appeal. The main charge against the respondent was the removal of capacitors without payment of duty valued over Rs. 66 lakhs. The respondent's defense was that all sales were of capacitors cleared on payment of duty to its head office, but no correlation of clearances and sales was provided. The Commissioner accepted the respondent's contention, suggesting under-valuation or price fluctuation in the market. The Revenue contended that the order was passed without considering specific evidence and the finding on value difference was a mere surmise.

The Tribunal found merit in the Revenue's grievance, noting that the sales needed to be correlated with clearances from the factory to determine any clandestine removal without duty payment. The huge price difference could be due to under-valuation or market price fluctuation, which needed to be established. The Tribunal decided to remand the case for fresh consideration to the Commissioner, emphasizing the importance of correlating evidence for a reasonable finding. The impugned order was set aside, and the case was remanded for a fresh decision to the Commissioner (Appeals).

In conclusion, the appeals were ordered by way of remand for a thorough reconsideration of the evidence and correlation between clearances and sales to determine the duty liability accurately.