2010 (8) TMI 554 - AT - Central Excise

Benefit of Notification No. 297/79-C.E., dt. 24-11-79 - even though the appellants claimed that they were undertaking padding/calendaring process, in reality , they were undertaking stentering process as well as other processes - The biggest weakness of the department s case is arising because of the fact that the department has not been able to show any irregularity as far as law and procedure are concerned - It is also to be noted that Notification No. 297/79 also states hereby exempts man-made fabrics, falling under Chapter 54 or 55 of the Schedule to the Central Excise Tariff Act, 1985 - in the absence of documentary evidence and fulfillment of statutory requirements and in the absence of any inculpatory statements, the needle of suspicion cannot be converted into a demand for duty, - Accordingly decided in the favour of the assessee

Issues Involved:
1. Eligibility of M/s. Shanti Processors Ltd. (SPL) for exemption from Central Excise duty under specified notifications.
2. Alleged irregularities in the processes undertaken by SPL.
3. Adequacy of the evidence presented by the Revenue.
4. Validity of the technical opinions and reports considered by the Commissioner.
5. Compliance with statutory requirements by SPL.

Detailed Analysis:

1. Eligibility for Exemption:
SPL claimed full exemption from Central Excise duty under Notification No. 297/79-C.E. and Notification No. 253/82-C.E. for the clearance of man-made and cotton fabrics. The department contended that SPL was ineligible for this exemption as they were allegedly undertaking processes beyond padding and calendaring, specifically stentering, which was not covered under the exemption for man-made fabrics.

2. Alleged Irregularities in Processes:
The department argued that SPL was conducting additional processes like stentering, which were not declared, thus making them ineligible for the claimed exemptions. Statements from merchant manufacturers and the partner of Deepak Exports (DE) were cited to support this claim. However, the Commissioner found that the evidence did not conclusively prove that SPL undertook processes beyond those declared.

3. Adequacy of Evidence:
The department's case was weakened by the lack of concrete evidence. They failed to show any irregularity in the D3 declarations filed by SPL, which are crucial for verifying the processes undertaken. The department could not demonstrate that the declarations were either not filed or not verified properly. Additionally, no specific lot was identified where non-exempt processes were carried out.

4. Validity of Technical Opinions:
The Commissioner relied on technical opinions from SASMIRA and ATIRA, which stated that stentering was not required for viscose fabrics. The department argued that these opinions were accepted without giving them an opportunity to comment, which they claimed was erroneous. However, the tribunal upheld the Commissioner's reliance on these opinions, noting that they were relevant and applicable to the case.

5. Compliance with Statutory Requirements:
SPL was found to have complied with statutory requirements, including filing D3 declarations and maintaining proper records. The department did not provide evidence of any discrepancies in these filings. The tribunal noted that the department's failure to verify DE's records further weakened their case, as it could have provided additional evidence of any irregularities.

Conclusion:
The tribunal found no merit in the appeal filed by the Revenue. The department failed to provide sufficient evidence to prove that SPL undertook processes beyond those declared or that they were ineligible for the claimed exemptions. The reliance on technical opinions by the Commissioner was deemed appropriate, and SPL's compliance with statutory requirements was upheld. Consequently, the appeal by the Revenue was rejected.

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