2010 (9) TMI 343 - AT - Central Excise

Penalty goods were disposed of as non cenvatable products and their assertion that such disposal was accompanied by non-cenvatable invoices - record nowhere discloses that the evidence collected by the department that the goods disposed of as cenvatale products - Merely because failure on the part of the respondents to record the fact of removal in the RG-23-D register, the imposition of penalty of Rs. 50,000/- against the firm and Rs. 10,000/- on the authorized signatory imposed - failure on the part of the department to collect the evidence to counter the stand taken by the respondents which itself justifies the impugned order quashing imposition of penalty and calls for no interference Appeal dismissed

Summary

Issues:
Challenge to Commissioner (Appeals) setting aside penalty imposition based on lack of evidence collection by the department.

Analysis:
The judgment involves the challenge against the order passed by the Commissioner (Appeals) setting aside the penalty imposed on the respondents. The penalty was sought to be imposed for discrepancies in the RG-23D register regarding the stock of duty paid goods. The main allegation was that the goods were sold in the open market without proper documentation. The respondents contended that the goods were disposed of as non-cenvatable products, supported by non-cenvatable invoices. The adjudicating authority disproved this contention, leading to the imposition of penalties. However, the Commissioner (Appeals) observed the lack of evidence collected by the department to substantiate the allegations against the respondents and set aside the penalty order.

The record revealed that the respondents had raised a specific defense that the goods were disposed of as non-cenvatable products with appropriate documentation. The department failed to collect evidence to prove that the goods were actually cenvatable products. Despite the failure of the respondents to record the removal of goods in the RG-23-D register, the penalties were imposed without sufficient evidence to counter the respondents' claims. The absence of evidence collection by the department to challenge the respondents' assertions justified the Commissioner (Appeals) decision to quash the penalties. Consequently, the appeals were dismissed, upholding the decision to set aside the penalties due to the lack of evidence supporting the allegations against the respondents.

In conclusion, the judgment highlights the importance of collecting substantial evidence to support penalty imposition in cases involving discrepancies in documentation and disposal of goods. The lack of evidence by the department to counter the respondents' claims led to the dismissal of the appeals and the decision to set aside the penalties imposed. The judgment emphasizes the need for a thorough investigation and evidence collection to justify penalty imposition in such cases, ensuring fairness and adherence to legal procedures.